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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 14, 2011, the Defendant received a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act from the Seoul Northern District Court. On September 24, 2012, the Defendant received a summary order of KRW 3.5 million for the same crime from the Jungbu District Court on September 24, 2012. On July 15, 2014, the Defendant received a summary order of KRW 7 million for the same crime from the Seoul Northern District Court on July 15, 2014. On April 25, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.
On May 8, 2019, at around 01:10, the Defendant driven a Fpoter Ⅱ while under the influence of alcohol concentration of about 0.124% without obtaining a driver’s license from the front of convenience store C in Scheon-si B to the front of the E-factory located in D.
As a result, the defendant, who violated the prohibition on drinking without obtaining a driver's license at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A traffic accident report;
1. An accident site photograph;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Evidence Nos. 1), decisions, and application of Acts and subordinate statutes of summary order;
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The defendant had a record of having been punished several times, including imprisonment with prison labor due to drinking driving even before sentencing of selective sentence of imprisonment is imposed.
Nevertheless, during the suspension period due to the same crime, the defendant is driving under the influence of 0.124% of the blood alcohol concentration in the second blood during the suspension period.