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

Punishment of the crime

At around 21:50 on May 5, 2019, the Defendant, without obtaining a driver’s license, driven an E-observer car from approximately 500 meters from the front of the “C” restaurant located in Gwangju Mine-gu, Gwangju to the front road of the same Gu, while under the influence of alcohol content of 0.184%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, it is necessary to strictly punish the repeated drunk driving in light of the social risks of the crime of drunk driving.

However, if long-term electric power is included, the defendant has been punished five times or more even before the crime of this case, and two times among them are driving without a license or causing traffic accidents, and thus, the defendant has been subject to suspended execution.

Nevertheless, the Defendant was driving a vehicle without any reflector, while the license was revoked due to driving under the influence of alcohol.

It is difficult to see that blood alcohol concentration is low, and the distance between the last alcohol driving crime and the last alcohol driving crime is also visible.

Considering the tension between the previous probation force and the crime of this case in favorable circumstances, such as the fact that the defendant acknowledges and reflects his mistake.

Even if so, it seems difficult to sentence a minor punishment against the defendant at this time.

In addition, the details of the driving without a license for drinking alcohol, the distance and place of driving without a license for drinking alcohol, and the defendant.