A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On March 30, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on March 30, 2015, and was sentenced to a fine of KRW 8 million by the same court on April 4, 2017.

On December 23, 2018, around 10:20 on December 23, 2018, the Defendant driven a F-II cargo vehicle without a driver’s license while under the influence of alcohol content of about 700 meters from the vicinity of C elementary school located in Scheon-si B to the front road in Scheon-si D.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and report on the situation of drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced to sentence, was punished for each of the crimes of violation of the Road Traffic Act (driving) around 2004, around 2005, around 201, around 2005, around 2011, and each of the crimes of violation of the Road Traffic Act (driving without a license) around 201, around 2015, around 2017, around 2017, and violation of the Road Traffic Act (driving without a license).

The blood alcohol content at the time of the instant case is 0.055%, and the Defendant’s age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime are committed.