A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 1, 2006, the Defendant was issued a summary order of KRW 4 million for the same crime on September 1, 2007, and a fine of KRW 4 million on August 23, 2010, respectively, at the Changwon District Court, for a crime of violation of the Road Traffic Act (drinking driving) at the Changwon District Court on September 1, 2006, and for the same crime on September 17, 2007, and the Defendant was issued a summary order of KRW 4 million on August 23, 2010, and the Defendant was appealed from Changwon District Court Msan Branch on November 21, 201, and was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (d

Although the Defendant had been in violation of Article 44(1) of the Road Traffic Act more than twice, the Defendant again driven an EO load without the driver’s license, at the EL parking lot located in Changwon-si EK under the influence of alcohol content of 0.093% from May 3, 2018 to the front road of the EN located in the same Gu EM, while under the influence of alcohol content at around 01:48 on May 3, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 (Confession and reflect) of the Criminal Act include the Defendant’s records of having been punished several times due to drinking, etc., and the Defendant committed this case’s crime in the appellate trial due to the same kind of crime. However, the fact that the Defendant recognized the mistake and reflects it, the fact that there are the same kind of cases in the appellate trial, and other cases in the appellate trial, the Defendant’s age, family relations, circumstances leading to the crime, driving distance, etc., shall be determined as per the order.