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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On May 18, 2012, the Defendant received a summary order of KRW 5 million from the Seoul Eastern District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (refluence of measurement), and on June 5, 2014, the Defendant received a summary order of KRW 5 million due to a fine of KRW 5 million due to a violation of the Road Traffic Act (refluence of noise) in the Daejeon District Court.
On November 17, 2019, at around 04:16, the Defendant driven a D body-man car under the influence of alcohol concentration of 0.125%, without a driver’s license, at a distance of about 1 km from the influent restaurant in the Seongbuk-gu Seongbuk-gu Incheon Metropolitan City to the front of C in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, investigation report, report on the control of drinking driving, inquiry into the results of the control of drinking driving, notification of completion of correction, and ledger of use of a drinking measuring instrument;
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The grounds for sentencing selected to imprisonment with prison labor are all recognized and reflected by the defendant; the defendant again commits each of the crimes of this case despite the fact that the defendant had been punished several times for the same kind of crime; the blood alcohol concentration and driving distance of this case; and the defendant's age, character and behavior, environment, motive, means and result of the crime; circumstances after the crime; and other various sentencing conditions specified in the arguments of this case shall be determined as ordered by the text.