A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On September 28, 2012, the Defendant received a summary order of one million won or more as a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court on February 10, 2014, a fine of four million won or more as a crime of violating road traffic laws at the Seoul Central District Court on February 10, 2014, respectively. On May 24, 2017, the Defendant was sentenced to six months of imprisonment and one year of suspended execution.

[2] On June 13, 2018, at around 08:26, the Defendant driven a CGG car under the influence of alcohol content of about 0.148% while under the influence of alcohol without obtaining a driver’s license from the 1km section of approximately 1km, from the front of a mutually French restaurant in the Seo-gu Incheon, Incheon to the front of the “Cheong-gu, Seo-gu, Seo-gu, Incheon.”

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. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. A report on internal investigation and an investigation report;

1. The driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, investigation report, summary order, respectively, and application of statutes in Part I of 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. 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 punished three times from around September 2012 due to a violation of the Road Traffic Act (driving) from around September 2012. In particular, the Defendant was sentenced to a suspended sentence of one year and an order to attend a lecture for six months due to a violation of the Road Traffic Act on May 24, 2017.