A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 20, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on February 20, 2014, and on February 26, 2015, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of KRW 10,000 to ten (10) years for a crime of violating the Road Traffic Act (drinking driving), and the said judgment became final and conclusive on March 6, 2015.

Although the Defendant had been punished twice or more due to driving of alcohol as above, on October 13, 2016, the Defendant driven a D-wing class III 1 ton cargo vehicle under the influence of alcohol of about 0.216% while under the influence of alcohol without obtaining a driver’s license in the section of about 10km from the roads near the gambal-dong and the forest reservoir in Geumcheon-gu, Seoul to the 691 front-ro, Geumcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, accident photograph, police officer's statement of dispatch to the scene, certificate of drinking alcohol measurement, report on the situation of a driver placed at the scene, and the register of driver's licenses;

1. Previous convictions: A reply to inquiry, such as criminal history, written judgments, and application of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The fact that there exists the history of serving a sentence that is subject to punishment several times due to non-licenseless driving and drinking driving, and the crime in this case is a crime during the suspension period of execution of a crime due to drinking driving and non-licenseless driving, the fact that the amount of alcohol concentration in blood is considerably high, and the motive, driving distance, and circumstances after the crime, etc. of sentencing shall be determined as ordered in consideration of all the conditions of sentencing.