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

Punishment of the crime

【Criminal Power】 On December 12, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on July 14, 2009, the Defendant issued a summary order of KRW 2 million to a Cheongju District Court for a violation of the Road Traffic Act (driving). On November 4, 2010, the Defendant was sentenced to a fine of KRW 2 million by a Cheongju District Court for a violation of the Road Traffic Act (driving). On June 3, 2013, the Defendant issued a summary order of KRW 8 million to a fine at the Cheongju District Court for a violation of the Road Traffic Act (driving) and on September 23, 2016, the Defendant was sentenced to a suspended sentence of KRW 1 year, 2 years, 5 million license for a violation of the Road Traffic Act (driving) at the Cheongju District Court on September 23, 2016.

【Criminal Facts】 On January 6, 2019, at around 10:50, the Defendant driven a rash car under the influence of alcohol concentration of about 0.05% without obtaining a driver’s license from around 500 meters to the front road of the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The criminal defendant continues to commit the same crime even though he/she had been punished several times due to drunk driving or unlicensed driving under Article 53 and Article 55(1)3 of the Criminal Code for discretionary mitigation. The number of times of the total penal power and frequency of crimes.