A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 8, 2007, the Defendant was sentenced to a fine of 4 million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 8, 2007, and a fine of 5 million won as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on June 19, 2015.

On November 22, 2015, the Defendant driven BM5 car under the influence of alcohol content of 0.118% while under the influence of 0.118% without obtaining a driver’s license from the front of the “Mapo-ro 229” to the front of the “Mapo-ro, Mapo-ro, 209” to the front of the “Mapo-ro, Mapo-ro, Mapo-ro, 200 meters from the front of the “Mapo-ro” road to the front of 231

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (Attachment of latest records of drinking alcohol);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

The Defendant had already been punished twice due to drinking, but again, was driving without a license or driving under drinking, and there was a history of punishment due to drinking, etc. on several occasions.

(b).