A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 28, 2014, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on January 28, 2014; the same court on January 3, 2018; the fine of two million won for the crime of violating the Road Traffic Act, etc.; and the same court on September 20, 2018 at the same court on September 20, 2018, respectively, was sentenced to a suspended sentence of eight months.

On April 15, 2019, around 00:14, the Defendant driven a fenz Cls350 vehicle under the influence of alcohol leveling 0.096% without a car driver’s license at a section of approximately 500 meters from the Do in front of the E department store No. D to the road preceding the day of the day of the department store No. 500 meters.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle while driving a motor vehicle while under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the report on the actual state of drinking drivers, the investigation report (report on the state of drinking drivers), and the register of driver's licenses for motor vehicles; and

1. Previous records: Criminal records and other inquiries, investigation reports (reports on criminal records of the same kind of suspect, attachment of court records, and period of suspension of execution), and application of first-class statutes of the Seoul Western District Court Decision No. 2017 high-ranking 9892;

1. Relevant legal provisions concerning criminal facts: 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 (Unlicensed Driving)

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

1. The defendant shows the attitude of recognizing and opposing the criminal facts in favor of the reasons for sentencing selective imprisonment with prison labor.

There is a history that the defendant was punished several times due to drinking driving.

Furthermore, as stated in the facts constituting the crime, the Defendant is sentenced to imprisonment for a crime such as violation of the Road Traffic Act.