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

Punishment of the crime

[criminal power] The defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Non-licensed Driving) in the Sungnam Branch of Suwon District Court on October 4, 2013, and on December 12, 2018, the defendant was sentenced to two years of suspension of execution, etc. at the Suwon District Court for six months of imprisonment with prison labor for a violation of the Road Traffic Act (Non-licensed Driving). The judgment becomes final and conclusive on December 20, 2018 and is currently under suspension of execution.

【Criminal Facts】

On March 14, 2019, the Defendant: (a) was a person who violated the regulations on prohibition of drunk driving twice or more, and (b) was driven by Eone Star Motor Vehicle at approximately 2km from the road near the residence of the Defendant located in Suwon-si B while under the influence of alcohol by 0.142% without obtaining a driver’s license of a motor vehicle on March 14, 2019 to the roads front of the D convenience in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, investigation reports (verification of the same type of suspect records and the period of suspension of execution), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has reached six times the criminal punishment for drunk driving or unlicensed driving within ten years, and the defendant has been sentenced two times of suspended execution among them, and even though he was sentenced one time of suspended execution, he has committed the crime of drinking andless driving in this case during the suspended execution period due to the same crime, and there is a lack of awareness about the risk of drunk driving andless driving.