A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 6, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to imprisonment for the same crime in the same court on May 30, 2013. On June 25, 2015, the Defendant was sentenced to imprisonment for ten months in the same court and completed the execution of the sentence on March 5, 2016.

As above, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and driven a Done Star Frops under the influence of alcohol leveling of about 3.8 km from the front of the Geumdong-gun in the Geumdong-dong, Chungcheongnam-do, Chungcheongnam-do on November 15, 2016 to C, without obtaining a driver’s license, at the section of approximately 3.8km from the front of the Geumdong-gu, Seoul Special Metropolitan City, which is located in the Geumdong-dong, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Records of crime: Application of inquiry letter, text of judgment and summary order, and Acts and subordinate statutes on the acceptance status of each individual, such as criminal history;

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)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. The reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act was that the Defendant had been already punished for the same kind of crime since 2001, and there was a record of punishment for the crime of drinking alcohol driving three times, such as the record of the first head of the crime in the judgment.

Despite such fact, the Defendant again committed the instant crime at the time of the lapse of eight months after completion of the prison term of the final crime.

The alcohol level itself was 0.118% higher in blood, and in light of the driving circumstances of the defendant, the risk of the traffic accident was significantly significant.

3.2.