A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[criminal history] On December 27, 2013, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law (drinking driving) in the official branch of the Daejeon District Court on December 27, 2013. On February 17, 2017, the Defendant was sentenced to a suspended sentence of two years for a year for a crime of violating road traffic law (drinking driving).

[Criminal facts] On July 6, 2018, the Defendant driven E-wit truck with alcohol level of 0.247% while under the influence of alcohol level of 0.247% without obtaining a driver’s license from the front of “C convenience store” road of B apartment complex from around 21:5 to the front of the same apartment complex D, and without obtaining a driver’s license from around 100 meters.

As a result, the Defendant, who has violated the prohibition on drinking at least twice, driving a motor vehicle again while under the influence of alcohol, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report (the criminal suspect's previous convictions, seven times prior to driving under influence of alcohol, four times prior to driving without licenses, and fact-finding during the current suspension of execution);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The reasons for imposing selective sentence of imprisonment with prison labor lies in seven drinking drivers, and four-time drivers without prison labor.

The Defendant was sentenced to the punishment, and the Defendant was sentenced to the punishment, and was sentenced to a fine and a suspended sentence of imprisonment for a period of more than one year and five months before the crime of this case was committed. However, the Defendant was sentenced to a suspended sentence of imprisonment, but was engaged in drinking or unlicensed driving in the state of detention.

Not only in this case, but also the blood alcohol concentration at the time of drinking driving in the past is very high.

Defendant shall be punished by a fine or by a short term detention;