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

Punishment of the crime

[criminal power] On August 13, 2007, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on the same day; on February 8, 2010, a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the same court; on August 24, 2018, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act; and on September 1, 2018, the judgment became final and conclusive after having been sentenced to a suspension of execution for six months for the same crime.

【Criminal Facts】

On March 3, 2019, the Defendant, without a driver’s license on March 14:25, 2019, driven a car in Cteas at the section of about 20km from the front of the Defendant’s house located in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, in the direction of 0.068% of alcohol level without a driver’s license, to the back of the beginning of the original prison located in the Changwon-si, Changwon-si, Changwon-si.

As a result, even though the Defendant violated the prohibition on drunk driving without a driver's license more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of summary order, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) even though the Defendant had already been discovered three times due to drunk driving, he/she once again driven under drinking while driving under the influence of alcohol.

In light of the fact that the driver's license was driven while the driver's license was revoked, it is inevitable to sentence imprisonment with prison labor.

On the other hand, the defendant makes confessions of crimes and reflects them, and is fined in 1987 except for the previous conviction in the judgment.