A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 16, 2008, the Defendant was issued a summary order of a fine of 1.5 million won for a crime of violating road traffic law in the Incheon District Court's branch branch on May 16, 2008. On October 6, 2016, the Defendant was sentenced to imprisonment for six months or one year of suspended execution due to a crime of violating road traffic law in the Incheon District Court's Incheon District Court on October 6, 2016. The judgment became final and conclusive on October 14, 2016.

Criminal facts

1. On December 9, 2016, the Defendant violated the Road Traffic Act (drinking) driven a Cwn vehicle under the influence of alcohol leveling of about 0.153% in the section of about 15km from the front of the road that 283 and GS25 convenience stores in Bupyeong-gu, Incheon, Bupyeong-gu, Seoul, while driving a Cwn vehicle under the influence of alcohol leveling of about 0.153% in the section of about 15km from the front of the road to the new bank.

Accordingly, the Defendant, as seen above, driven a motor vehicle while under the influence of alcohol, even though he had a history of driving more than twice.

2. On December 9, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road without a driver’s license, driving the said car in the section from Guro-gu Seoul to Bupyeong-gu, Incheon, to approximately 283, GS25 convenience stores, up to about 15km from the front road. On December 9, 2016, the Defendant driving the said car in the section from around 00:10,00 to about 323,00,000 in Seoul, to the front road of the new bank, respectively, at approximately 15km from the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (Attachment to the same type of crime and reporting thereon);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act for mitigation of quantity;