A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On March 5, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Msan Branch on March 5, 2012; on October 27, 2014, the same court issued a summary order of KRW 3 million for the same crime; and on August 23, 2016, the Defendant was sentenced to a fine of KRW 10 million for the same crime, etc. at the same court.

Although the Defendant had been punished on at least two occasions as above, he once once again driven a Dcop vehicle without a driver's license, while under the influence of alcohol concentration of at least 0.132% from blood around 13:00 on March 14, 2018, the Defendant driven the Dcop vehicle without a driver's license of 8km up to the 51km-gu, Changwon-si, Changwon-si, Quakdong road, which is located in the same coast as that of the former.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Investigative into the ledger of driver's licenses (cancellation of license) and the determination of driver's licenses;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment have already been punished by the Defendant on at least five occasions due to a violation of traffic law on roads, a violation of traffic law on roads, a violation of traffic law on roads, or a violation of traffic law on roads.

In particular, in 2005, the defendant is punished by imprisonment for four months for a crime of violating the Road Traffic Act, and the execution of the sentence is suspended for two years.