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

Punishment of the crime

[criminal power] The Defendant is a person who had the record of criminal punishment for drinking-driving in the original state support of the Chuncheon District Court on July 8, 2009, including a fine of 1.5 million won for a violation of the Road Traffic Act (driving) and a fine of 1.5 million won for the same crime in the same court on July 22, 2011, and a fine of 1.5 million won for the same crime in the same court on November 1, 2016 in the same court, with the record of being sentenced to a suspended sentence of 2 years for the same crime, etc.

【Criminal Facts】

On April 21, 2019, the Defendant driven Cirst Motor Vehicle without obtaining a driver's license in the section of about 5 km from the 14:20-round (the facts charged are indicated as about 22:20-round, but the following evidence revealed that it was a clear clerical error) with a blood alcohol concentration of 0.124%, while under influence of alcohol, from the 14:20-round 14, 201, to the front of B at the same time.

As a result, the defendant has violated the prohibition of drinking driving more than twice, but has driven a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the register of driver's licenses, and investigation reports;

1. Application of statutes concerning criminal records;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Although there are circumstances favorable to the defendant, such as that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the reason for sentencing, etc. in favor of the defendant) is aged and his depth is divided, the defendant, including the previous criminal records of probation, has different from that of the defendant. Each of the crimes of this case is highly serious in light of the time of the crime and the time of the crime, the influence of alcohol, methods and results, etc., and the motive and circumstances leading up to each of the crimes of this case, the circumstances after the crime, and the age of the defendant.