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

Punishment of the crime

The Defendant, at the Suwon District Court on March 14, 2012, issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on May 8, 2013, the same court issued a summary order of KRW 5 million for the same crime, etc. on May 8, 2013. On December 5, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court.

On May 31, 2019, the Defendant, as a person who violated the regulations on prohibition of drunk driving twice or more, driven BK5 cars while under the influence of alcohol with approximately 0.094% of alcohol concentration without obtaining a driver’s license, from a mutually aesthetic restaurant located in the flag zone in the Sinsung-si, to the 156-22 high-speed road in Suwon-si, Suwon-si, the 156-ro 88-22, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Report on the state of operation without a license, the register of driver’s licenses for automobiles, and making an inquiry into the car;

1. Previous convictions in judgment: Four copies of criminal records, summary order, application of one copy of judgment 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. The reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., factors favorable to sentencing) of the Criminal Act for discretionary mitigation have been subject to a fine three times due to drunk driving, etc., and the Defendant was subject to a suspended sentence in 2018.

The defendant has a career of punishing two-timeless driving.

(A) One of them was punished as a drunk driver and a light offender. Nevertheless, the defendant was driving a drinking free license even before the period of suspension of the same kind of stay expires.

As such, it is inevitable to sentence the defendant who is judged to have weak awareness of complying with the legal order related to the operation of automobiles.

However, the defendant commits a crime from an investigative agency.