A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] The Defendant was sentenced to a violation of road traffic law (drinking driving) in the Seocheon Branch of the Daejeon District Court, and was sentenced to six months of imprisonment on January 9, 2014, and was sentenced to one year and three months of imprisonment on August 25, 2016, and completed the execution of the sentence at Daejeon Prison on November 24, 2017.

[Criminal facts]

1. On August 10, 2018, the Defendant driving a drinking-free car at around 15:5 on August 10, 2018, while under the influence of alcohol with approximately 290 meters alcohol concentration of 0.161% while under the influence of alcohol without obtaining a driver’s license from the section 290 meters from the front of the latest real estate located in the south-dong, Southern-gu, Seocheon-gu to the front day of the trade name, namely, yellow dust in the same Dong.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. On August 14, 2018, the Defendant driving a freight vehicle without a license on August 14, 2018, from the Defendant’s house located in the south-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do to the road located in 11-gil 16, Nam-dong, Nam-gu, Nam-gu, Chungcheongnam-gu, Yan-gu, Nam-gu, Yan-do, on a level of about 1.79km without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of statutes as a result of search by prisoners;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the Defendant has been punished not less than 10 times due to drinking or non-licenseing. After completing the execution of imprisonment due to drinking, the Defendant is under the influence of alcohol again during the period of repeated offense.