A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to a summary order of a fine of up to 6 million won for a violation of road traffic laws at the Seosan Branch of the Daejeon District Court on November 9, 2012. On June 5, 2013, the Defendant was sentenced to imprisonment of up to 8 months for a violation of road traffic laws (drinking) at the Seosan Branch of the Daejeon District Court on July 5, 2013. On March 6, 2014, the Defendant was sentenced to imprisonment of up to 2 years and 6 months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse. On December 3, 2016, the Defendant was sentenced to a fine of up to 70 million won for a violation of road traffic laws at the Seosan Branch Branch of the Daejeon District Court on December 27, 2017.

Nevertheless, at around 22:51 on May 8, 2018, the Defendant driven a F-wing truck under the influence of alcohol content of 0.229% while under the influence of alcohol without obtaining a driver's license from around the front of the week C located in Seosan City B to the front of the E located in the same city D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (including documents attached to the records of the same kind of suspect, previous convictions, and confirmation of the case currently pending trial) (including documents attached to the personal confinement status);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Although an ordinary concurrent prosecutor indicted the facts constituting the crime of drinking and non-licensed driving of the instant case as concurrent crimes, this constitutes both crimes as a single driving act.

The court recognizes the criminal facts prosecuted for concurrent crimes as they are. However, even if the court treats the criminal facts differently from the legal evaluation on the number of crimes, it is defense of the defendant.