Defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[criminal power] On December 29, 2006, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Yeongdeungpo Branch’s monthly support, and on June 30, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million due to the same crime. On January 14, 2010, the Defendant was sentenced to a suspended sentence of KRW 2.5 million due to the same crime. On May 3, 2012, the Defendant was sentenced to a suspended sentence of imprisonment with labor for the same crime in the Youngcheon District Court’s regional support. On November 20, 2014, the Defendant was sentenced to a one-year imprisonment with labor for the same crime.

In addition, on December 12, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. in the Young-gu branch of the Chuncheon District Court on June 9, 2018 and completed the execution of the sentence.

【Criminal Facts】

On April 21, 2019, the Defendant violated the provisions on the prohibition of drunk driving under the Road Traffic Act two or more occasions, and driven a Fpoter II truck under the influence of alcohol content 0.166% without obtaining a driver’s license from a section of approximately 360 meters from “Cpoer” located in Pyeongtaek-gun, Gangwon-do, to “E Community Center” located in D, to the front road of “E Community Center.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions: Inquiries, investigative reports (verification of the records of repeated crimes and attachment of the same criminal records and written judgments, etc.), application of Acts and subordinate statutes to criminal reports (pre-offenders and attachment of written judgments);

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. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences: Imprisonment for one year to six years;

2. Scope of recommending sentences: 3.00 yet to set the sentencing criteria.