A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On August 3, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by the Incheon District Court on July 12, 2010.

In addition, the defendant was sentenced to a suspended sentence for six months from September 21, 2017 to imprisonment for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on September 21, 2017, and the judgment was confirmed on September 29, 2017 and is currently under suspended sentence.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around September 14, 2018, at around 01:16, the Defendant driven D-packing vehicles with blood alcohol concentration of about 0.150% under the influence of alcohol without obtaining a driver’s license through about 1km section from the road located in Gwangju-si B to the roads near Gwangju-si, Gwangju-si, and without obtaining a driver’s license.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Reports on the occurrence of traffic accidents and on the circumstantial statements of the driver concerned;

1. Notification of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the previous records and investigation reports of a suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) four times before and after a fine due to drunk driving; and (b) one time before and after a stay of execution; and (c) in particular, the Defendant again made a drunk driving during the period of a stay of execution; and (d) the sentence is inevitable.

The age, character, conduct and environment of the defendant, motive, means and result of the crime, circumstances after the crime, etc.