A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 2, 2009, the Defendant issued a summary order of a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on September 13, 2012, a fine of KRW 3 million for the same crime at the Jeonju District Court on September 13, 2012, and a fine of KRW 8 million on January 28, 2015 by the same court on January 28, 2015, and the same court on February 20, 2018 has the record of being sentenced to the suspension of the execution for 8 months for a crime of violation of the Road Traffic Act.

Although the Defendant had been punished twice or more as above, on July 27, 2018, at around 23:25, the Defendant driven a Kani vehicle under the influence of alcohol level of about 0.11% without obtaining a driver’s license from around 100 meters from the front side of the front side of the Yancheon-gu, Seoul to the front side of the D building, and without obtaining a driver’s license from around 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Determination of the same sentence as the order shall be made by comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, the motive and circumstances leading up to each of the instant offenses, means and methods after committing the offense, and the conditions of sentencing as shown in the trial process, including the circumstances after committing the offense.

An advantageous circumstance: A favorable circumstance such as the fact that a person would not repeat a crime while disposing of a vehicle: A person has been punished several times due to a drunk driving, and in addition, even though this court was sentenced to a suspended sentence due to a drunk driving in February 2018, he/she is not granted a license for five months only from the above sentence.