A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On April 2, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on March 2, 201, to a summary order of five million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 2, 2014, and to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 20, 2018.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on May 1, 2019, at around 02:09, the Defendant driven a DNA rocketing car under the influence of alcohol with a blood alcohol concentration of 0.130% without obtaining a driver’s license from around 1km-gun B through Gyeong-gun, Gyeonggi-do, to the roads in front of Gyeonggi-gun Gam Gam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (a), three copies of the judgment, one copy of the summary order, one copy of the summary order, and one copy of the detailed summary order in the case, and the application of Acts and subordinate statutes of one copy of the detailed summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced to a sentence, was punished for each of the offenses of violation of the Road Traffic Act (driving) around 2008, around 2014, and around 2018, and sentenced to a suspended sentence for ten months on July 20, 2018 as stated in the judgment.