A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 21, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law in the Seosan Branch of the Daejeon District Court, and on April 15, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months for a violation of road traffic law in the Seosan Branch of the Daejeon District Court.

On July 24, 2017, the Defendant, while under the influence of alcohol 0.244% during blood transfusion, driven CMW car at the section of approximately 9.3 km at approximately 9.3 km, from the 189-ro, Seosan-si to the 102-dong-ro, Seosan-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Acts and subordinate statutes to inquiries, such as traffic accident report, accident scene photographs, driver's license ledger, criminal history, etc.;

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the following: (a) repeatedly commits the same kind of crime with the same reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) further, the instant crime was committed during the period of suspended execution; and (c) the degree of alcohol level among the blood transfusion was significantly high at the time of the instant crime, a sentence of sentence is inevitable.

However, the punishment as ordered shall be determined by taking into consideration all factors of sentencing as shown in the pleadings of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime.