A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On February 18, 2016, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Southern District Court for the same crime as a crime of violating road traffic law (drinking driving), and was sentenced to a suspended sentence of 2 years in Seoul Central District Court for the same crime on October 26, 2016.

[2018 Highest 1369] On February 10, 2017, the Defendant: (a) from the front of a restaurant on which the trade name in the vice-dong of Busan High-gu is unknown, around 08:35, the Defendant was under the influence of alcohol with approximately 200 meters alcohol concentration of 0.155% during blood without a vehicle driver’s license to the front of the restaurant located in Busan High-gu B.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle without a driver's license in violation of it again.

[2018 Highest 1437] Around 11:00 on March 25, 2018, the Defendant driven a G car with alcohol content of about 1k from the roads near the former E theater located in Yeongdeungpo-gu Seoul Metropolitan Government to the front road of the same Gu F building, without a driver’s license, while under the influence of alcohol of about 0.179% while under the influence of alcohol.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle without a driver's license in violation of it again.

Summary of Evidence

1. The defendant's legal statement [2018 Highest 1369];

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

1. Registers of driver's licenses (2018 Height 1437);

1. Report on the circumstances of driving under the liquor:

1. The ledger of driver's licenses of the motor vehicle under consideration (the previous conviction in the judgment; the list of evidence 1437 high order of 2018);

1. Inquiry into data, such as criminal history;

1. Application of Acts and subordinate statutes to investigation reports (five-time driving skills for drinking, during probation period);

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

1. Each of the Criminal Code of Commercial Competition.