Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On May 9, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving), on November 11, 2010, in the same court, on October 5, 2012, to a fine of 3 million won for a violation of the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (dacting driving), a violation of the Road Traffic Act (dacting driving), and a violation of the Road Traffic Act (dacting driving), and sentenced to a suspended sentence of 1 year for a suspended sentence of 6 months, and 6 months for a violation of the Road Traffic Act (dacting driving) at the Jung-gu District Court on June 2, 2015. On September 18, 2015, the Defendant completed the execution of the sentence in the Seoul Southern Prison.
[2] On July 17, 2017, the Defendant: (a) driven a Crash car under the influence of alcohol content of 0.152%, without obtaining a driver’s license in approximately 14km section from the front of the original apartment site in Gyeyang-gu, Seoyang-gu; (b) around 21:26 on the same day to the front of the new middle school located in Gyeyang-gu, Seoyang-gu; and (c) driven a Crash car under the influence of alcohol content of at least 0.152% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under drinking, investigation report (report on the circumstances of the driver under driving under drinking), and notification of the results of crackdown on driving under drinking;
1. The driver's license ledger;
1. Previous convictions: Inquiry about criminal history, current status of personal confinement, each judgment, and application of each summary order statutes;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. It is inevitable to punish the accused who repeats the same crime as the sentencing reason under Article 35 of the Criminal Act for aggravated repeated crimes.