A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] The Defendant is a person who had been sentenced to 6 months of imprisonment and 2 years of suspended execution on February 5, 2013 to 5 times of driving without a license, including a person who had been sentenced to 6 months of suspended execution, and 4 times of driving without a license and 5 times of driving.

[2] Notwithstanding the fact-finding history of violating the Road Traffic Act at least twice as seen above, Defendant 1 driven a car with Crack in the state of under the influence of alcohol content of about 0.272% without obtaining a driver’s license from the 1km section from the front of the Car Center to the modern mother road located in the same city king-dong from the Grack-dong around April 27, 2016, when he/she was under the influence of alcohol content of at least 0.272%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Investigation reports (former records of the same type of crime), summary orders and written judgments;

1. Application of Acts and subordinate statutes to inquire about 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)

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

1. The reason for the sentencing of alternative sentence of imprisonment with prison labor is for driving under the influence of alcohol, which again commits an offense, even though 4 times a suspended sentence of imprisonment with prison labor, including a suspended sentence of imprisonment with prison labor, and five times a suspended sentence of imprisonment with without prison labor.

Punishment shall be determined in consideration of the fact that drinking is highly high, that has continuously been driving without a license, that there is a family member to support, etc.