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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 16, 2011, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving), on November 21, 2016, a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (drinking driving). On August 10, 2017, the Seoul Western District Court was sentenced to imprisonment for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) on August 18, 201, and the judgment became final and conclusive on August 18, 2017.
On January 17, 2018, at around 08:50, the Defendant driven a Mari-type car under the influence of alcohol content of at least 0.078% while under the influence of alcohol without obtaining a driver’s license from around 5km to the two-lane 16, in Jung-gu Seoul, Jung-gu, Seoul.
Accordingly, the Defendant, without obtaining a driver’s license, once again driven a motor vehicle in violation of the prohibition of drinking regulations at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;
1. References to inquiries, such as criminal history, investigation reports (verification of the same past record), the list of relevant cases, each summary order, and the application of the text of the judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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 recognized and reflected, the drinking value is relatively high, and the occurrence of traffic accidents is more favorable.
However, the Defendant again committed the instant crime of driving without a license during the suspension of execution due to driving without a license.
In addition, the defendant has been punished by drinking twice.
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