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

Punishment of the crime

[criminal power] On October 26, 201, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on May 30, 201, a summary order of KRW 2.5 million for the same crime in the same court on May 30, 2012, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (unlicensed Driving) in the same court on April 14, 2014, respectively. On September 22, 2017, the Defendant issued a summary order of KRW 3 million for a fine of KRW 3 million in the same court on September 30, 2017, which was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act (driving driving) and the judgment became final and conclusive on September 30, 2017.

【Criminal Facts】

On February 23, 2019, at around 19:54, the Defendant driven an Epoter Ⅱ truck without a car driver’s license in approximately 1.5km section from the front of the Defendant’s residence in Net City B to the front of D, located in Net City C, to the front of D, 1.5km, while under the influence of alcohol content 0.161%.

Accordingly, the defendant, who has violated Article 44 (1) of the Road Traffic Act more than twice, drives a motor vehicle under the influence of alcohol at the same time without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving without a license, report on the assessment of blood alcohol and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (including attachment, such as a copy of a written judgment of the same kind of power of a suspect, and attachment data);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has a record of being punished several times for the same kind of crime, and in particular, the defendant committed the instant crime while continuously driving the vehicle even though the driver's license has been revoked during the suspended execution period for the same crime.