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

Punishment of the crime

[criminal power] On May 7, 2012, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 17, 2013, and was sentenced to a summary order of 5 million won by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 17, 2013. On September 21, 2017, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

【Criminal Facts】

On June 10, 2019, at around 23:50, the Defendant driven a vehicle E-5 vehicle without a driver’s license, while under the influence of alcohol concentration of approximately 0.165% from the front of the convenience store located in Changwon-si, Changwon-si, Seoul, to the front of D and front roads.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on the circumstances of a drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, written judgments, and application of summary order statutes;

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

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 are as follows: (a) comprehensively taking account of the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the crime, the sentence is determined as ordered.

Disadvantageous circumstances: The defendant was driving in the state of full blood alcohol (0.165% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

Although the Defendant had been punished three times in total due to drinking driving, the Defendant committed the instant crime without being aware of it during the period of probation.

Driving under the influence of alcohol without a license.