A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 10, 2007, the defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 10, 2007; on December 15, 2009, a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act; on July 1, 201, the same court issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on June 23, 2014; on July 1, 2014, sentenced to one year of imprisonment with prison labor at the Busan District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle); and on July 1, 2014, during the suspension period, the above judgment became final and conclusive as of January 7, 2015 to a fine of KRW 100.

【Criminal Facts】

On August 23, 2015, the Defendant, without obtaining a driver’s license on August 23, 2015, driven a Cina car at a section of about 5 km from the front of the funeral hall in Geumdong-gu, Busan to the front road of the Kansan-si, Yangsan-si, Seosan-si, Hosan-si, the Defendant driven a Cina car with a blood alcohol concentration of about 0.119%.

As a result, the Defendant violated this more than twice while he was prohibited from driving a motor vehicle under the influence of alcohol without obtaining a driver's license, and again drive the motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The circumstantial statement of a drinking driver, the results of crackdown on drinking driving, the register of driver's licenses, and the report on the circumstances of driving a motor vehicle;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (Evidence List Nos. 10 and 12), summary orders, and application of statutes governing judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. The reason for sentencing of selective imprisonment with prison labor.