A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 17, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special intimidation in the Changwon District Court's smuggling branch on November 17, 2016, and completed the execution of the sentence in the Busan Prison on August 5, 2017.

1. Around 18:00 on December 3, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a vehicle for a gallon to B without obtaining a driver’s license from around 5.5 km section from the front day to the front day of packing in J on the shyang-si Road.

2. On December 12, 2012, the Defendant violates the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) by having been sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (driving without a license) in the Changwon District Court’s smuggling support on December 12, 2012; and on October 23, 2015, the Defendant was sentenced to a fine of KRW 5 million as an identical crime by the same court on October 23, 2015, respectively.

Nevertheless, at around 18:50 on December 3, 2018, the Defendant driven a car with B gallon in a gallon while under the influence of alcohol concentration of about 0.160% without obtaining a driver's license from the front side of the packing fals in the J in Yangyang-si, Mayang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, register of driver's licenses, and making an inquiry into the vehicle;

1. Investigation report (Confirmation of the driving section);

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, investigation reports (Attachment to summary orders, etc. of the same kind of suspect), and application of Acts and subordinate statutes to investigation reports (the fact that they are repeated crimes);

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; and

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.