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

Punishment of the crime

[criminal power] On November 5, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for a violation of the Road Traffic Act (driving). On November 15, 2013, the Defendant was sentenced to a fine of KRW 4.5 million by the Seoul Eastern District Court for the same crime. On May 10, 2018, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime.

【Criminal Facts】

On July 25, 2018, at around 23:10, the Defendant, without obtaining a driver’s license under the influence of alcohol level of 0.139%, driven a DNA car at approximately 1.6 km from the roads near the Seoul Northernbuk-gu to the roads in front of the Seoul Northern-gu, Seoul Northern-gu.

As a result, the defendant has violated the prohibition of drunk driving more than twice, but has driven a motor vehicle under the influence of alcohol again, and has not obtained a driver's license at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. Photographs related to accidents;

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (Attachment to judgments, etc. against suspects)-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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is three times for drunk driving and one-time for unlicensed driving, and the defendant was sentenced to a suspended sentence for eight months on May 10, 2018 and was under suspended sentence for the violation of the Road Traffic Act on August 10, 2018, the defendant committed each of the crimes of this case at once for two months from the date of the above sentence without being aware of it, and the blood alcohol concentration of the defendant.