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

Punishment of the crime

On October 14, 2010, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act, etc. at the Jung-gu District Court on March 23, 201, and on March 23, 2011, the Defendant was sentenced to a suspended sentence of four years for a violation of the Road Traffic Act at the Seoul Western District Court on March 23, 201. On June 25, 2015, the Defendant was issued a summary order of five million won for a violation of the Road Traffic Act at the Jung-gu District Court on June 25, 2015. On October 14, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (drinking) at the Jung-gu District Court on October 14, 2016, and the judgment becomes final and conclusive on October 22, 2016.

On February 24, 2017, around 03:35, the Defendant driven D-benz automobiles with alcohol content of about 0.083% while under the influence of alcohol without obtaining a driver’s license from the 17-lane Don-dong 1256, Namyang-si, Hoyang-si, Hoyang-si, the 68-ro 1-lane 68, Namyang-si, the Namyang-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

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

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is that the Defendant was subject to criminal punishment four times due to drinking and four times due to driving without a license until now.

Among them, two times are as shown in the judgment.