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

Punishment of the crime

On May 26, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court on May 26, 201; on March 5, 2014, the Incheon District Court issued a summary order of KRW 4 million for the same crime; and on October 28, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Incheon District Court on October 28, 2015.

On October 18, 2018, at around 04:27, the Defendant, without a car driver’s license, driven a CM7 car at a about 1km section from the influence area between the influenite-si and the 0.098% of the blood alcohol concentration to the influence of the Busan City, Seocheon-si B, to the front road of the hotel.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation experience data inquiry (A), investigation reports (verification of the same type of force), and application of three copies of judgment;

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. The provisions of Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with heavier punishment shall be punished);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant recognized his responsibility for each of the instant crimes; (b) the blood alcohol concentration was high at the time of the instant crime; (c) the Defendant changed the vehicle line in a unreasonable manner to the extent that it could be reported to 112; and (d) the Defendant was the Defendant.