A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On July 16, 2009, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 16, 2009, and on March 23, 2016, a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving). On June 21, 2017, the Defendant was sentenced to a suspended sentence of three years by imprisonment for a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 21, 2017.

On November 23, 2019, the Defendant driven B Poter Cargo under the influence of alcohol of about 0.138% in a section corresponding to about 5km of blood alcohol content from a section corresponding to 0.138%, where he/she is under the influence of alcohol, to the main railway lane located in the main railway district located in Ulsan-gu, Ulsan-gu, U.S., Water Reserve Forces Training Center, the Defendant without obtaining a driver’s license at around 17:50.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to the report of investigation;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Determination of punishment as ordered by taking into account the following circumstances, such as the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the age, character and conduct, the environment of the defendant, and the circumstances after the commission of the crime:

D. Unfavorable circumstances: The defendant not only has been punished several times due to the same kind of crime, but also has been under suspension of the execution due to the drunk driving, but also has been under suspension of the execution due to the same kind of crime, and the degree of drinking is high, and the driving of a motor vehicle is under suspension of the execution, which causes the danger of traffic by driving with a remote distance during the driving (112 report): The defendant's mistake is recognized and against it.