Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[criminal power] On July 2, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on July 2, 2015. On March 9, 2017, the Defendant was sentenced to ten months of imprisonment due to a violation of the Road Traffic Act (driving) in the Namnam Branch of the Gwangju metropolitan District Court's branch on March 9, 2017. On October 16, 2017, the Defendant completed the execution of the said sentence and had seven times of total criminal records.

【Criminal Facts】

On March 17, 2018, around 20:42, the Defendant driven an I human vehicle under the influence of alcohol level of about 0.178% without obtaining a driver’s license in a section of about 100km from the front of the trade infinite-gun, Seoul Special Metropolitan City to the front roads of H located in G in Naju-si.

Accordingly, the defendant violated his duty not to drive alcohol more than three times, and at the same time, driving without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire into the records of measurement of drinking alcohol, notification of results of crackdown on drinking driving, and the results of crackdown on drinking driving (Evidence List 12);

1. Registers of driver's licenses;

1. Previous records of judgment: Application of a reply to inquiry, such as criminal records, reference to confinement information, investigation report (Attachment, such as a copy of the same criminal record and a copy of the judgment);

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the circumstances, such as the fact that each of the instant crimes was committed during the period of repeated crime, and blood alcohol concentration is not low, it is favorable for the Defendant to recognize his mistake, etc., in view of the fact that the Defendant had been punished several times, including the same criminal records as indicated in the reasoning of sentencing Article 35 of the Criminal Act, as stated in the judgment on the reason of sentencing.