A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On November 11, 2016, the Defendant was issued a summary order of KRW 3 million at the Daegu District Court as a crime of violation of the Road Traffic Act. On April 11, 2018, the Defendant was issued a summary order of KRW 3 million due to a crime of violation of the Road Traffic Act in the Changwon District Court’s smuggling support on April 11, 2018, and on June 14, 2018, the Defendant was sentenced to a suspended sentence of KRW 2 years for imprisonment for 8 months on June 22, 2018 and the judgment became final and conclusive on June 22, 2018.

【Criminal Facts】

On March 28, 2019, at around 23:00, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of 0.093%, without an automatic driver’s license, from the front side of the cafeteria “C” restaurant located in the Cheongdo-gun B, Cheongdo-gun, to the phase of about 8km from the window of the Gapo-gun, Daegu-gun, Changgu, to the Gapo-ro of the Gapo-gun.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records before and after judgment: Application of criminal records, investigation reports (attached to judgments), undisposition previous records, and reporting results of confirmation, and Acts and subordinate 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 and enforced June 25, 2019); Article 152 (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 under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only that the defendant has already been punished for the same kind of crime several times, but also that in particular, he is not aware of the suspension period of the execution of imprisonment for the same crime.