A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 20, 2006, the Defendant issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act at the Daegu District Court, and on October 12, 201, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Daegu District Court on October 12, 201, and on May 8, 201, the Defendant was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving) at the Daegu High Court on May 8, 2014; and on December 7, 2017, the Defendant completed the enforcement of the sentence at the Daegu District Court on June 8, 2018.

【Criminal Facts】

On August 9, 2018, around 21:35, the Defendant driven a F K3 vehicle while under the influence of alcohol of about 0.242%, without obtaining a driver’s license from the front of the “C cafeteria” road located in Busan Metropolitan City, to the front road located in D in Busan Metropolitan City, and without obtaining a driver’s license from around 100 meters.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again and driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. Selection of imprisonment with prison labor chosen;

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act among repeated offenders, has already been punished several times including imprisonment for the same crime, and the Defendant was sentenced to six months in the Daegu District Court on December 7, 2017 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was released on June 8, 2018, and was in the same case only for two months after the release.