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

Punishment of the crime

[criminal history] On May 12, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), etc. by the Incheon District Court, and on October 26, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and the judgment became final and conclusive on November 3, 2017.

[2] On January 29, 2018, at around 08:50, the Defendant driven a chip car under the influence of alcohol concentration of about 2 km from the front of the “theme distance” road located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front road located in the city of Bupyeong-gu 277-4 (Ol.e., mountain-dong) in Bupyeong-gu, Incheon, for approximately 2km, without obtaining a driver’s license, and driving a chip car under the influence of alcohol concentration of about 0.161%.

Accordingly, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice without a driver's license, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating drinking and a report on the circumstances of the driver under driving under drinking;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (No. 11)

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume is that the Defendant was sentenced to a suspended sentence of one year and an order to attend a lecture for eight months on October 26, 2017 due to a violation of the Road Traffic Act (driving) and two times of punishment due to a violation of the Road Traffic Act (driving). At the time of the instant case, the Defendant’s blood alcohol concentration (0.161%) is relatively high; the Defendant was diving in the atmosphere of signal while driving a drinking, and the police officer who received a 112 report.