A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 22, 2017, at around 23:40, the Defendant driven a CKaren-II car with alcohol content of about 0.05% while under the influence of alcohol without obtaining a driver’s license from the front side of the CKaren-Ⅱ apartment road located in the new Sin-dong at Sin-si, from around 500 meters to the front side of the Geum River located in the same Sin-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to inquire about drivers' licenses and notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant had a record of driving alcohol and driving without obtaining a license five or more times in consideration of the reasons for sentencing of selective sentence of imprisonment, and has a high alcohol concentration in blood alcohol at the time of the past crime.

On November 9, 2017, the Defendant committed the same kind of crime. On December 15, 2017, the Defendant again committed the instant crime at the time of the failure to reach two months from the previous crime even though it was served with a summary order on December 15, 2017.

Therefore, the sentence of imprisonment should be sentenced to the defendant.

In addition, as long as there are many circumstances disadvantageous to the defendant, even if there are circumstances that seem to be favorable to the defendant such as the fact that the distance of driving and the degree of drinking are relatively weak and the defendant is against the defendant, it cannot be considered as factors that reduce the defendant's punishment.

Therefore, the punishment shall be determined by the upper limit of statutory penalty.