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

Punishment of the crime

On May 30, 2008, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court on April 3, 2012, and KRW 6 million for the same crime at the Suwon District Court on March 26, 2013, respectively. On May 1, 2018, the Defendant was sentenced to imprisonment with prison labor at the Suwon District Court for the same crime at the Suwon District Court on May 9, 2018, and the said judgment became final and conclusive on May 9, 2018 and is currently under suspension of execution.

As above, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice or more again on January 27, 2019, driven CK5 cars under the influence of alcohol by 0.162% in the section of about 5km from the 5km section to the road in front of the same Gu at an influent place below the 01:50 driver’s license, without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the situation of a drinking driver, notification of the results of the control of drinking driving, and vehicle photographs;

1. Registers of driver's licenses, and car4;

1. Previous convictions in judgment: The application of criminal records and investigation reports (the facts during the period of stay of execution of suspects) and 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 as stated in the previous conviction in the judgment, and the Defendant was subject to a suspended sentence in 2018.

Nevertheless, before the period of the same suspension of execution expires, the defendant was running under the influence of alcohol at once without re-acquisition of the cancelled license.

At the time of the crime of this case, the blood alcohol concentration of the defendant at the time of the crime of this case is 0.162% more.

The defendant shall be held respectively.