A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On July 26, 2012, the Defendant was sentenced to a suspended sentence of ten months due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licensed driving) in the Chungcheong District Court’s support on July 26, 2012. On July 23, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime at the Chungcheong District Court, which was sentenced on July 23, 2015, and on November 5, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime and completed the execution of the sentence at the Chungcheong District Court’s detention center on November 5, 2015.

[2] On April 27, 2018, around 00:05, the Defendant driven a vehicle of 10km with alcohol concentration of 0.232% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license, from the front day of the food of the “Din country” located in the Chungcheongbuk-si, to the front day of the KT Chungcheong Branch, located in the center of 112 in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving alcohol (A);

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. The driver's license ledger;

1. Criminal Records: References to inquiries, such as criminal history, investigation reports (Attachment to the previous rulings related thereto), - the text, etc. of the Cheongju District Court Decision 2002 Goju District Court Decision 2016, Goju District Court Decision 2002 Goju Decision 2016, - Cheongju District Court Decision 2015No 586, - Application of the Act and subordinate statutes on the status of personal confinement;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes includes imprisonment with prison labor for driving without a license for drinking for the reason of sentencing, and Article 35 again commits the same crime during the repeated crime due to driving of alcohol again. The crime is repeated at intervals of 2-3 years and the degree of alcohol concentration in the blood during the wartime during which drinking was already high (0.126%, 0.173%, 0.275%, 0.245%, 0.245%, etc.). The alcohol concentration in blood during the instant crime is also 0.232%.