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

Punishment of the crime

On May 10, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court of Korea on October 10, 2017, and is currently under suspended sentence after the judgment became final and conclusive on May 18, 2017, and is engaged in driving of the same kind of car at the second highest level.

On February 9, 2019, at around 04:50, the Defendant driven the said vehicle under the influence of alcohol content of 0.132% without obtaining a driver’s license from the Defendant’s residence in Kim Jong-si to the front road in the 5km-si, Dansan-si.

As a result, the Defendant, while having not obtained a driver's license, was punished twice or more due to drinking, driving the vehicle again, as above, while driving the vehicle again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement, etc. on the circumstances of an employee;

1. The suspect driver's license register;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 punishment is to be determined as indicated in the disposition, taking into account the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is deemed to have been punished six times after 200; (b) the punishment is to be imposed, taking into account the following: (c) imprisonment with prison labor for not less than ten months due to drinking or non-licensed driving in May 2017; and (d) the suspension of the execution of the sentence was sentenced to two years on February 9, 2019; (c) the drinking and non-licensed driving in the instant case; (d) the blood alcohol concentration is high; (d) the blood alcohol concentration is high; (e) the degree of blood alcohol concentration is reflected; and (e) there is no punishment heavier