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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On August 21, 2013, the Defendant, at the Incheon District Court, was sentenced to a suspended sentence of two years for a year and two years for a suspended sentence of eight months for the same crime, etc. in the same court on July 5, 2017.
Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, on May 25, 2019, the Defendant driven an EK9 vehicle from the road front of the convenience store in Incheon Seo-gu to the road front of the same Gu Down-do parking lot, while under the influence of alcohol at least 0.086% of alcohol level without obtaining a driver’s license on May 25, 2019.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the result of the crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);
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 is that the Defendant was sentenced to a two-time fine due to a violation of the Road Traffic Act (driving) and a one-time suspended sentence on July 5, 2017 due to a violation of the Road Traffic Act (driving) committed thereafter. However, even though the Defendant was sentenced to a two-year suspended sentence in this court on July 5, 2017, since he/she committed each of the instant crimes of the same kind during the grace period, the Defendant has to be sentenced to a sentence corresponding to the nature and circumstances of such crime.
However, the defendant's mistake is divided in depth and again does not commit such a crime again, and the distance of the defendant's driving under the influence of alcohol at the time of this case.