A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On May 19, 2010, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on the same day. On February 26, 2015, the same court was notified of a summary order of a fine of 1.5 million won for the same crime. On November 29, 2017, the same court was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime, and the judgment became final and conclusive on December 7, 2017.

【Criminal Facts】

around 06:15 on July 28, 2019, the Defendant driven a E-Poter truck with a blood alcohol content of 0.083% while under the influence of alcohol without obtaining a driver’s license from the Do in front of the Busan Sin-si Bel, Busan to the front of D in the same Gu C from around 50 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

around 12:03 on November 29, 2019, the Defendant driven Jsch Rexton sports partitions at the section of about 2 km from the first floor of the F Building G-dong to the top of the I restaurant located in H, both of which are under the influence of alcohol of 0.112% of blood alcohol without a driver’s license.

As a result, the Defendant driven a motor vehicle without a driver's license in violation of the regulations on prohibition of drunk driving.

Summary of Evidence

"2019 Highest 3426"

1. Defendant's legal statement;

1. The results of the drinking-driving control, the license ledger "2019 Highest 5795";

1. Defendant's legal statement;

1. Report on the state of de facto state of driving, and the license register;

1. Investigation report (Report on the actual state of a driver) "Before the market";

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (person who is in the same kind of electric power and the facts of probation period), written judgments, and copies of summary orders;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;