A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On July 14, 2016, the Defendant was sentenced to imprisonment for five months as a crime of violating the Punishment of Violences, etc. Act (a collective weapon, etc.) in the Goyang Branch of the Jung-gu District Court. The execution of the said sentence was completed.

【Criminal Facts】

On July 31, 2008, the Defendant was issued a summary order of KRW 2.5 million on the grounds of a fine for the violation of the Road Traffic Act, etc. at the Busan District Court's Branch Branch, and on March 26, 2013, the Defendant was issued a fine of KRW 7 million on the grounds of a fine for the violation of the Road Traffic Act, etc. at the Jungyang Branch Branch of the Incheon District Court.

At around 22:01 on December 25, 201, the Defendant, without a driver’s license, driven an E-Poter vehicle while under the influence of alcohol content of approximately 0.164% from approximately 150 meters to the front of the D Bank located in Seo-gu, Incheon through C.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, the ledger of driver's licenses, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

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 Article 35 of the Criminal Act among repeated crimes is that the Defendant again committed the same crime in the state of unauthorized license even though he had the record of being subject to three times criminal punishment due to the violation of the Road Traffic Act (driving). The Defendant, when driving the instant crime at the time of the instant crime, has no special circumstances to consider, and it is necessary to punish him as a crime that may cause serious damage to another person’s life, body, or property as well as his own. The Defendant was sentenced to five months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) on August 8, 2016, and the execution of the said sentence was completed on May 15, 2017 and is a repeated crime period.