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

Punishment of the crime

[criminal power] On May 16, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Youngju District Court’s Yeongdeungpo-dong branch on May 16, 201, a summary order of KRW 4 million for the same crime in the same court on November 8, 2017, and a summary order of KRW 4 million for the same crime in the same court on May 24, 2018 and is currently under suspension of execution after being sentenced to two years of imprisonment for the same crime.

【Criminal Facts】

On November 25, 2018, at around 12:05, the Defendant driven a e-learning car under the influence of alcohol content of 0.193% without a motor vehicle driver's license at a distance of about 12 km from the street in front of the C Hospital located in the Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, even though the Defendant violated the Road Traffic Act more than twice without a driver's license, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Registers of driver's licenses;

1. Reports on the occurrence of a traffic accident and field photographs;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 21) and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [unfair circumstances] include a crime in which a person is likely to harm the life, body, or property of another person as well as the driver himself/herself.

The Defendant, even though having been punished for drunk driving at least three times prior to the crime of this case, is driving under the influence of alcohol again, and the nature of the crime is heavy.

Furthermore, the defendant committed the crime of this case even though he was under suspension of execution due to drinking driving.

[I] The Defendant is aware of the facts constituting the instant crime.]