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

Punishment of the crime

On October 23, 2006, the Defendant issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on October 23, 2006, and a summary order of KRW 2 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support on May 20, 2016.

Although the Defendant had been punished twice or more as above, on November 24, 2018, the Defendant driven D classp motor vehicles from the roads near the “C cafeteria” located in Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do to the roads near the “Korea Human Resources Corporation” located in Sinsan City 3.1-ro 209, under the influence of alcohol level of 0.152% under the influence of alcohol level around November 24, 2018.

around 19:50 on January 26, 2019, the Defendant driven a HSS5 car without obtaining a driver’s license from approximately 4 km section to the “G” road located in the Sinsan-si, Seocheon-gu, Seocheon-do, Seocheon-do.

Summary of Evidence

"2018 Highest 1400"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. For previous convictions as indicated in its ruling: Criminal history records, inquiry reports, investigation reports (verification of criminal records of the same kind - Summary Order); "2019 Highest 210";

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects the crime, and that there is no less punishment heavier than the fine due to the same kind of crime, even though the defendant had been punished twice as a drunk driving in 2006 and 2016, he/she reaches the instant drunk driving, and the blood alcohol concentration.