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

Punishment of the crime

[criminal power] On January 14, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On February 18, 2016, the Defendant was sentenced to a suspended sentence of KRW 1 year for the same crime, etc. in the same support. On April 25, 2019, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for a year of imprisonment with labor for the same crime, etc. on the same support, and on May 3, 2019, the said judgment became final and conclusive on May 3, 2019.

【Criminal Facts】

On February 24, 2019, at around 20:30 on the 20:30, the Defendant driven a F rocketing car without obtaining a driver’s license with a blood alcohol concentration of about 0.132% from the 1km section from the front of the road in the Sin-si, Sin-si to the front of E in the same city D.

As a result, the defendant violated the Road Traffic Act's prohibition regulations on drinking driving more than twice, and again drives a vehicle without obtaining a driver's license under the influence of alcohol in violation of the above prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Reports on internal investigation (related to verification as to whether a license has been granted);

1. Application of Acts and subordinate statutes to investigation reports (the fact that a suspect has been punished twice or more for drinking driving);

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 and enforced June 25, 2019); Article 152 (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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Determination of sentence as ordered by comprehensively taking account of the circumstances that are shown below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and various sentencing conditions as shown in the trial process.

A state of bad condition: a state of drinking.