A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] The Defendant’s summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on December 5, 2011, and the date and time of driving under the influence of alcohol on February 28, 2019 is around November 9, 2018.

The Seoul Central District Court was issued a summary order of KRW 3 million for the same crime, respectively.

On March 17, 2017, the Defendant was sentenced to imprisonment for fraud, etc. at the Seoul Central District Court on February 17, 2017, and was released on July 28, 2017 from a female prison on July 28, 2017, and the parole period expired on December 24, 2017.

【Criminal Facts】

On February 27, 2019, at around 00:20, the Defendant driven C Mazon car under the influence of alcohol concentration of 0.138%, without obtaining a driver's license, from around 00:30 on the front day of the Cheongdam-gu Seoul, Gangnam-gu, Seoul, to around 00:30 on the same day, while under the influence of alcohol concentration of about 0.138%.

As a result, the Defendant, who violated the prohibition on drinking at least twice, drives a motor vehicle under the influence of alcohol at the same time without obtaining a driver's license.

It rhys the expression of the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Control note;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports by individuals, investigation reports, each summary order, and the application of statutes governing judgment;

1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.