A defendant shall be punished by imprisonment for six months.

A class (C) one motor vehicle (No. 1 of the certificate) seized shall be confiscated.

Punishment of the crime

On May 20, 2015, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law (drinking driving) at the port branch of the Daegu District Court (Tgu District Court) on May 20, 2015, and was sentenced to a suspended sentence of one year for the same offense in the same court on November 18, 2015.

On May 5, 2016, the Defendant driven C Abro vehicle under the influence of alcohol content of about 0.132% while under the influence of alcohol at around 200 meters, without obtaining a driver’s license, from around 6th to the road in front of the police box of the latitude along the same way from the south-gu west Coast Road at the port of port on May 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Police seizure records;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. There are extenuating circumstances, such as the mere drinking of reasons for sentencing under Article 48(1)1 of the Criminal Act, the fact that a traffic accident is not caused by a licenseless driving, the driving distance is not relatively long, and the fact that a mistake is against the law.

However, in light of the fact that the Defendant was sentenced to a suspended sentence due to drinking, non-licensed driving, etc., and the period of grace has been less than half years, and that the Defendant had been sentenced to a fine three times due to drinking, non-licensed driving, etc. for the last three years, and that the amount of drinking is high, the corresponding punishment should be imposed.