Defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On August 7, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Road Traffic Act, etc. by the Jung-gu District Court on August 7, 2014. On December 8, 2014, the Defendant was sentenced to a summary order of 3 million won for the crimes of violation of the Road Traffic Act (driving) and sentenced to 10 months of imprisonment and 2 years of suspended execution by the same court on February 9, 2017.

On April 17, 2017, at around 20:28, the Defendant driven a motor vehicle at approximately 70 meters away from the front of the C cafeteria located in Pyeongtaek-gun B of Gyeonggi-do to the front of the E cafeteria located in D, without obtaining a driver's license. The Defendant driven a motor vehicle at a low-speed level of 0.186% alcohol concentration while under the influence of alcohol.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report accompanied by a written judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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

1. The defendant has a record of having been punished several times for the same crime, such as drinking, driving without a license, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even before sentencing of selective sentence of imprisonment with prison labor;

In particular, the Defendant committed the instant crime that caused a traffic accident while driving under the influence of alcohol or without a license on February 9, 2017, and was sentenced to a two-year suspended sentence on October 10, 2017 (the suspended sentence is revoked and currently being executed) and committed the instant crime that is being driven under the influence of 0.186% of the blood alcohol content again in the second month only.

In addition, the defendant is in the process of investigation.