A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On October 22, 2009, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch, and on February 17, 2017, a summary order of KRW 2.5 million for the same crime in the Suwon District Court’s Ansan Branch, respectively, and on February 21, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court.

【Criminal Facts】

Although the Defendant had at least twice the record of violating drinking driving regulations, around December 21, 2018, at around 21:10, the Defendant driven B K3 cars while under the influence of alcohol alcohol level 0.095% while under the influence of alcohol level 0.095%, without obtaining a driving license from the front of the cafeteria located in the Seo-dong, Seocheon-gu, Incheon Metropolitan City, Seocheon-dong to the second 13.9km in the Sincheon-dong-gu, Seocheon-dong, Sincheon-gu, Incheon to the new IC.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report; a traffic accident report; an investigation report; a notification on the results of the control of drinking driving; a notification on the results of the control of drinking driving; a output of the results of the measurement of drinking alcohol; an inquiry into the results of the control of drinking driving; and a driver's license register;

1. Previous records of judgment: Application of Acts and subordinate statutes to the previous records of disposition, previous records of confirmation, report on results, and criminal records, etc.;

1. Relevant laws concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of unauthorized Driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation requires a punishment corresponding to the punishment for a crime that may cause serious harm to the life, body, or property of another person. In addition, the defendant has the record of having been punished several times due to drunk driving, and the court on February 21, 2018.