A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on September 26, 2013, the Defendant was sentenced to a suspended sentence of two years on July 23, 2015 for a violation of the Road Traffic Act (dacting driving), and was sentenced to a suspended sentence of six months on July 23, 2015 by the same court at the same court as of October 15, 2015, and the said judgment became final and conclusive on October 21, 2016, and completed the execution of the sentence in Daegu prison on January 21, 2016.

On October 11, 2016, the Defendant driven E-freight at approximately 500 meters from the front side of the Gyeongbuk-gun to the front road, while under the influence of alcohol 0.139% in blood without a driver’s license of a motor vehicle on October 11, 2016.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle without a driver's license in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on driving alcohol and a statement in the circumstances of the driver involved in driving alcohol;

1. The driver's license ledger;

1. Records of crime: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal records) statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant has been punished four times due to drinking alcohol driving in the past and three times due to unlicensed driving, and that the defendant commits the crime of this case even though he is during the period of repeated crime due to the same criminal record, and that a traffic accident occurs under the influence of drinking and unauthorized driving.