A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 22, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law in the Youngcheon District Court’s Yeongdeungpo Branch on December 22, 2008. On August 3, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime, and on June 4, 2013, was sentenced to imprisonment for 6 months and 2 years of suspended execution for the same crime from the same support on June 4, 2013. On August 26, 2015, the Defendant was sentenced to imprisonment for 6 months with labor for the same crime from the original branch of the Chuncheon District Court on March 28, 2016, and completed the execution of the sentence on March 28, 2016.

On August 17, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a motor vehicle in the section of approximately 1.5 km in the section of 1.5 km, from the front of the “Grari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si,” in the state of drinking alcohol content of which is 0.249% in the blood while under influence of alcohol during the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident occurrence report, a survey report on actual condition, a report on the results of crackdown on drinking driving, a report on the situation of the driver at drinking, a report on the situation of driving at drinking and a report on the circumstances of driving without a license

1. Previous convictions in judgment: Inquiry about the career of residents and crimes, current status of personal confinement, and application of Acts and subordinate statutes to investigation reports (netly 15);

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;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes lies in the attitude of the defendant against the wrongness of the defendant, the wife and children who should support, and the circumstances that the victim of the traffic accident paid KRW 6 million to the victim and agreed to do so are recognized.

However, the defendant has the ability to be punished five times or more including punishment due to drinking, and in particular, it is difficult to find out the situation by committing each crime of this case during the period of repeated crime due to the same crime, and it has already been committed during the same repeated crime period.