A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On April 22, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Branch Branch on April 22, 2008, and a summary order of KRW 3 million for the same crime in the same court on May 26, 2011, respectively. On August 31, 201, the Defendant was sentenced to one year for a suspended sentence of imprisonment with labor for the same crime in the same court.

【Criminal Facts】

1. Around 19:05 on October 21, 2018, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 0.155% from the section of about 1km from the front of the Defendant’s house located in Kimpo-si B to the front of D located in C at Kimpo-si.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and reports on results of confirmation (written judgments and summary orders);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation - The defendant recognizes the error.

- Drinking driving is highly harmful to society, so it is necessary to strictly punish it.

The defendant is considerably high in blood alcohol concentration of 0.155%.

- The Defendant was punished by a fine of KRW 700,00 for driving under influence on January 31, 2004, a fine of KRW 2 million for driving under influence on April 22, 2008, a fine of KRW 700,000 for driving without license on January 28, 2009, and a fine of KRW 70,000 for driving without license on May 26, 2011.