A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 19, 2013, the Defendant was issued a summary order of KRW 7 million due to a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, etc., and was sentenced to imprisonment for 6 months and 2 years of probation on August 17, 2016 by the same court as a crime of violating the Road Traffic Act.

Although the Defendant had been punished for driving under drinking more than twice as above, on April 26, 2018, the Defendant driven a D-port car under the influence of alcohol level 0.157% while under the influence of alcohol level 0.157%, without obtaining a driver’s license from the gold apartment parking lot located in the Soho-dong, which was located in the Soho-dong, to the third-distance road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References, copies of a summary order, and application of the statutes governing the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; 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 Competition;

1. The reason for sentencing selection of the sentence of imprisonment with prison labor lies in the defendant who has been punished for drinking driving four times, and in particular, the crime of this case was committed during the suspension period of the execution of imprisonment with prison labor due to drinking driving, and the degree of alcohol concentration of the defendant's blood at the time of driving of this case, it is inevitable to punish the defendant significantly.

However, the same sentence as the order shall be determined by comprehensively taking into account the various sentencing conditions shown in the records and theories of the case, such as the driving background, driving distance, the family relationship, and health status of the defendant.

It is so decided as per Disposition for the above reasons.