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

Punishment of the crime

[criminal power] On July 16, 2008, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 16, 2008; on December 9, 2016, the Defendant received a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving). On October 19, 2017, the Defendant was sentenced to a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) from the Daegu District Court Port branch of the Daegu District Court on July 16, 2008; and on October 27, 2017, the Defendant was under suspension of the execution.

【Criminal Facts】

On May 27, 2019, the Defendant, without obtaining a driver’s license on May 27, 2019, driven a passenger vehicle B, at approximately 500 meters away from the front of the Hean beach, which is located in the port in the port in the north-gu port in the North-gu port in the North-gu port in the North-gu port, at around 0.096% of alcohol level, to the front of the police box in the same Gu, without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (in compliance with statutes, such as confirmation of crimes and judgments on the same kind of force during the period of the suspension of the execution of suspects);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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 Articles 53 and 55(1)3 of the Criminal Act is that the defendant had a record of having been punished several times due to drunk driving, and the defendant once again conducted drinking and driving without obtaining a license during the suspended period due to drunk driving.