A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 1, 2010, the Defendant was sentenced to a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the port support of the Daegu District Court on July 1, 2010. On July 3, 2014, the Defendant was sentenced to a fine of KRW 10 million due to a crime of violating the Road Traffic Act (dacting driving) at the Daegu District Court.

[2] On August 8, 2015, the Defendant, without a vehicle driver’s license, driven a vehicle of 100 meters in Gabex from the monthly bathing bath site in the same Ri to the monthly bathing beach distance in the same Ri, where 0.146% alcohol level in the blood while he/she was under the influence of alcohol at port at port without a vehicle driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

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

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. There are extenuating circumstances, such as the mere drinking of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) and Article 55(1)3 (see, e.g., Supreme Court Decision 2008Da1548, Apr. 2, 201).

However, in light of the fact that the defendant has been punished three times due to drinking, driving without a license, etc., and there are many other records of punishment including suspended sentence, the high drinking value, and the defendant intentionally attempted to be subject to criminal punishment in the state of missing by lowering the present location.