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

Punishment of the crime

On May 19, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support, etc. on December 11, 2017, and was sentenced to six times of past records punished for a violation of the Road Traffic Act, including the termination of the enforcement of the sentence in the military prison on December 11, 2017.

On December 3, 2018, at around 12:30, the Defendant driven the said vehicle while under the influence of alcohol by 0.203% of alcohol concentration without obtaining a driver’s license in approximately 10km section from the front of the Seoul metropolitan market to the front of the Seoul metropolitan city D market in Ansan-si.

As a result, the Defendant, while having not obtained a driver's license, was punished twice or more due to drinking, driving the vehicle again, as above, while driving the vehicle again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. License register;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on the same kind of power), records of the control of drinking driving (2018, 2017, 2018), and other 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. Article 35 of the Criminal Act among repeated crimes;

1. The sentence is based on the following factors: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has been punished not less than 10 times since 2000 by driving under influence of alcohol, driving without a license, driving without a license, drinking without a license, and driving without a license; (b) the sentence is made in the instant case and driving without a license only once a year after having been sentenced to 8 months of imprisonment due to drinking and driving without a license in 2017 and completed the enforcement thereof; (c) the blood alcohol concentration is high; (d) the blood alcohol concentration is high; and (e) the arrest of a person who was arrested without a warrant quality examination.