A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 7, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on August 7, 2012, and on October 21, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Incheon District Court Branch Branch of Incheon District Court on October 21, 2016.

At around 16:55 on July 21, 2018, the Defendant, despite having been driving two or more times as above, was driving of the Dawing-gun with a blood alcohol concentration of 0.053% without obtaining a driver’s license, and driving of approximately 1.8 km off the Dawing-gun, Chungcheongnam-gun, Chungcheongnam-gun to C, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the control of drinking driving, report on the state of drinking drivers, on-site photographs, and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of criminal records of the same kind of suspect)-related 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. The reason for sentencing selecting a sentence of imprisonment with prison labor has already been sentenced to a punishment for the same kind of crime, such as being sentenced to a punishment for the same kind of crime, and the time interval between the previous case and the previous case, and the fact that the vehicle is kept in a different place to prevent driving of drinking, and therefore, it seems difficult to find and drive the vehicle in a different place. Therefore, it is difficult to find that there is no possibility of recidivism in the future, and other circumstances indicated in the records, such as the Defendant’s age, character, intelligence and environment, motive, means and consequence of the crime, etc. at the time of driving, shall be determined