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

Punishment of the crime

[criminal power] On October 5, 2001, the Defendant was sentenced to a summary order of KRW 1,00,000 to a fine of KRW 3,50,000 for a violation of the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on September 24, 2004; on October 1, 201, the same court issued a summary order of KRW 1,50,000 for the same crime; on May 11, 2012, the Defendant was sentenced to a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for the same crime; on April 12, 2017, the Jeju District Court sentenced the Defendant to a imprisonment of KRW 6 months for the same crime and completed the enforcement of the sentence at the Jeju Prison on October 12, 2017.

【Criminal Facts】

On January 5, 2019, at around 21:20, the Defendant driven a motor vehicle in the E-P-type under the influence of alcohol concentration of about 0.134% without a motor vehicle driver’s license at a section of about 2km from the front of the Defendant’s residence in the “C-cafeteria” located in the Chungcheong-gun B, Chungcheong-gun to the front of the Defendant’s residence in D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the results of the drinking driving control, statement in the circumstances of a drinking driver, and a detailed statement processing cases of 112;

1. The driver's license ledger;

1. Previous records before ruling: Criminal records, inquiry reports, results of prisoners' search, and application of Acts and subordinate statutes (Evidence List No. 17);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of driving sound, the choice of imprisonment), subparagraph 1 of Article 152 of the Criminal Act, and Articles 43 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing of Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), [The reason for sentencing] of the Criminal Act, the Defendant, recognizing the instant criminal facts, disposed of the vehicle used for the instant crime.

There is no distance between the defendant's drinking and driving without a license.

D. In the case of this case