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

Punishment of the crime

On March 24, 2014, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), which was issued by the same court on August 13, 2015, a summary order of KRW 3 million as the same crime, and on April 28, 2017, the Defendant was sentenced to a fine of KRW 7 million as the same crime at the Ulsan District Court on April 28, 201, and violated Article 44(1) of the Road Traffic Act more than twice.

On July 28, 2018, the Defendant driven a gallon with Dallon under the influence of alcohol concentration of 0.198%, without obtaining a driver’s license from the front day of the house of friendship in the Cheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Busan, to the front day of the same military C, and without obtaining a driver’s license from the front day of the house of friendship in the same military C.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. An explanatory note;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes concerning investigation reports;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant committed the second offense in violation of the Road Traffic Act (drinking) within the last three years during the last five years, and the second offense in violation of the Road Traffic Act (dacting driving) during the blood of this case. The alcohol concentration in the blood of this case is very high as 0.198%, and causes traffic accidents.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.