A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 24, 2007, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (driving) and ten months of imprisonment due to the same offense in the same court on April 21, 2011. On January 10, 2012, the Daegu District Court issued a summary order of KRW 3 million due to the same offense, etc., and on December 29, 2015, the Defendant was sentenced to one year and two months of imprisonment with prison labor for the same offense, etc. at the Seog District Court Branch of the Daegu District Court on December 24, 2016, and completed the execution of the sentence at the Daegu Prison on December 24, 2016.

At around 23:00 on March 31, 2019, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.226% without obtaining a driver's license on the section of about 3km from the roads near the resistant intersection in the Busan East Port to the roads front the Busan East Port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of the Acts and subordinate statutes on criminal records, data inquiry and personal confinement status;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 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 reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is 4 times a fine due to drunk driving after 2002, one time a suspended sentence of imprisonment with prison labor, and four times a prison labor. Re-driving during the same repeated offense period, and the blood alcohol concentration level is very high.

Considering this point, it is necessary to punish the defendant accordingly.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.