A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 15, 201, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seoul Western District Court on June 15, 201; on May 18, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Seoul Central District Court on May 18, 201; on September 6, 2013, the Seoul Northern District Court sentenced ten months of imprisonment and five million won of fine; on May 2, 2016, the Defendant was sentenced to imprisonment of eight months for an attempted violation of the Road Traffic Act at the Busan Central District Court on May 13, 201, and completed the enforcement of the sentence; and on December 8, 2017, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on Incheon District Court on December 8, 2017.

【Criminal Facts】

Around 04:00 on February 23, 2019, the Defendant driven a E-A4 vehicle while under the influence of alcohol with approximately 0.067% alcohol concentration without obtaining a driver's license from around 1km to D’s front road located in Seongbuk-gu Seoul Metropolitan Government.

As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the provision of prohibition of drinking under the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, the circumstantial statement of a drinking driver, and details of crackdown;

1. The driver's license ledger;

1. Previous records: Criminal records and other inquiries, the current status of personal confinement, and the application of relevant statutes;

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;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is three times for drunk driving and unlicensed driving, and four times for drunk driving.