A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, at the Suwon District Court on December 12, 2008, issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and at the same court on January 8, 2010, a fine of KRW 2 million for the same crime, and was sentenced to a suspended sentence of one year for the same crime in the same court on August 22, 2013.

On September 4, 2019, at around 03:00, the Defendant driven a D SP car at approximately 3km from the front road of the C secondary school located in B, from the due diligence road of the local government of the local government of the local government of the local government of the local government, without obtaining a driver's license, while under the influence of alcohol with 0.085% of the blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. The register of driver's licenses without a license, report on the current status of driving, making a proper inquiry, and driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a report on confirmation of the same criminal records);

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

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 is that the Defendant was punished three times by a fine due to drunk driving, and the Defendant was punished by a suspended sentence due to drinking traffic accidents during 2013. On 2018, the Defendant was punished by a fine without obtaining a license after the cancellation of the license in 2013.

At the time of the instant crime, the Defendant’s blood alcohol concentration and driving distance are reasonable, and there is no special reason or need to drive at the time.

Despite the repeated wife, the drinking without the license of this case has been running in another time.