A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

On September 17, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), on March 16, 2015, a summary order of KRW 2 million for the same crime at the Changwon District Court on March 16, 2015, and on November 24, 2016, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime at the Changwon District Court on November 24, 2016.

On August 21, 2018, the Defendant driven D K3 cars under the influence of alcohol content of 0.113% while under the influence of alcohol leveling from around 10km to the front road in the Changwon-si, Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, without obtaining a driver’s license, from around 10km to the front road.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives the above cargo without obtaining a driver's license in the state of 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. The driver's license ledger;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (the history of the suspect's drinking alcohol driving, etc.), text of the judgment, summary order, and application of the report-related Acts and subordinate statutes after confirmation of the previous conviction

1. Article 148-2(1)1, Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the accused has already been punished three times due to a violation of the Road Traffic Act (dacting) and a violation of the Road Traffic Act (dacting).

In particular, on September 4, 2015, the Defendant driving a license without drinking on September 4, 2015, and on November 24, 2016.