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

Punishment of the crime

On October 1, 2015, the Defendant received a summary order of a fine of up to 6 million won for a crime of violating road traffic law (drinking driving) from the Changwon District Court's Jinju branch on October 1, 2015. On November 10, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime in the same court, etc. on November 10, 2015, and completed the execution of the sentence in the Changwon prison on May 9

On June 19, 2018, at around 09:50, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol content of 0.139% without obtaining a driver’s license from around 100 meters in the section of approximately 100 meters from the road of the new road, such as the new road located in the new road in the new road of the Sinnam-gun, Chungcheongnam-gun, Busan Metropolitan City, to the front road of the Agricultural Cooperatives, such as 8-do new road.

Accordingly, the Defendant, who violated the provision prohibiting driving of a motor vehicle twice again, driven a motor vehicle without obtaining a driver’s license, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant driven under the influence of alcohol with a 0.266% alcohol concentration in blood around July 2015, which was within the last three years; (b) on August 2015, the Defendant driven under the influence of alcohol with a 0.251% alcohol concentration in blood; and (c) on September 2015, the Defendant committed a crime of violating the Traffic Act (e.g., refusal of measurement of alcohol) around September 2015.

The defendant was sentenced to a punishment for the same crime, and again committed the crime within the period of repeated crime, and this case.