A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant, at the Ulsan District Court on April 6, 2016, issued a summary order of KRW 2,50,000 by a fine for a violation of the Road Traffic Act, etc., and on April 25, 2018, the Defendant violated the obligation under the Road Traffic Act that would not drive a motor vehicle under the influence of alcohol by receiving a summary order of KRW 5,00,00 from the same court due to the same crime, etc. on at least two occasions.

On February 12, 2019, the Defendant, without obtaining a driver’s license on February 22 and 15, 2019, driven a Fpoter 2 cargo vehicle from approximately 500 meters to the front road of “E convenience store” located in D from the front of the “Cadow” road in Yangsan City, under the influence of alcohol content of 0.070%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records and application of each 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;

1. Selection of imprisonment with prison labor chosen;

1. Recognizing the facts charged for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the fact that blood alcohol concentration is not relatively high, and that there is no criminal record exceeding fines is favorable to the Defendant.

On the other hand, it is disadvantageous to the defendant that the driver has three previous years of driving without a license and has two previous years of driving without a license, and that the driver has conducted the driving without a license when one year has not passed from the time of committing the last crime of driving without a license.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.