A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act on October 9, 2008, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act on August 29, 2013, and was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act on September 1, 2016, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (non-exclusive license) on September 1, 2016. The Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (non-exclusive license) on January 10, 201.

Nevertheless, around 03:40 on March 01, 201, the Defendant driven Crash-6 Track trucks while under the influence of 0.187% of blood alcohol concentration without obtaining a driver’s license in a section of approximately 200 meters in front of Kimcheon-si B dry field.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

1. Article applicable to criminal facts;

(a) Drinking-driving: Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

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. There are many criminal records of the same kind of reasons for imposing selective sentence of imprisonment.

In particular, the suspension of the execution of imprisonment due to drinking driving, etc. was sentenced to imprisonment without prison labor, but the suspension of the execution was sentenced again.

Nevertheless, the instant crime was committed during the suspended execution period.

The degree of reflection is weak.

Blood alcohol concentration is also very high.

In addition, the family relationship and occupation of the defendant were considered.