A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On December 2, 2013, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on December 2, 2013; on November 24, 2017, a summary order of KRW 5,00,000 as a fine for the same crime; on October 31, 2018, the Defendant was sentenced to two years of suspension of imprisonment with prison labor for the same crime at the Incheon District Court’s Incheon District Court, and the said judgment became final and conclusive on November 8, 2018.

【Criminal Facts】

On September 29, 2018, at around 05:41, the Defendant driven a vehicle with Cnicper under the influence of alcohol concentration of 0.10% without obtaining a driver’s license from around 1km-dong to the front of the same city from around 05:41, Seocheon-dong to the front of the same city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license in the state of drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of driving without a driver's license, report on the situation of a driver with a driver's license, report on the control of driving without a driver's license;

1. Inquiry into the enemy;

1. Previous convictions in judgment: Criminal records, previous records of disposition and report on results of confirmation, investigation report (Attachment to summary orders related to the same criminal records as a suspect), judgment, application of statutes of the Criminal Procedure Act and subordinate statutes of the same case;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: In light of the risk of drunk driving, it is necessary to strictly punish such circumstances.

A person who has been punished by a fine for the same offense.