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

Punishment of the crime

On September 5, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Busan District Court, and on July 18, 2012, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

On April 15, 2018, the Defendant, without obtaining a driver’s license, driven a B-nick car with alcohol content of about 0.101% at a section of approximately 500 meters from the roads near the B-mix-dong B-dong, Busan, to the front day of the “Saung City Oil Station” located in the same Dong.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: References to inquiries, application of investigation reporting Acts and subordinate statutes;

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)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentence of a fine or a suspended sentence is to be imposed, considering the following factors: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, in light of the fact that the accused has a large number of criminal records due to traffic crimes; (b) the blood alcohol concentration is not low; and (c) the accused has been sentenced to suspended sentence for a crime of different species in 2016, the sentence of a fine or a suspended sentence is deemed to have no meaning as a punishment

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.