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

Punishment of the crime

[criminal power] On January 18, 2019, the Defendant was sentenced to two years of suspension of the execution on October 26, 2019 to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at Ansan Branch of the Suwon District Court on January 18, 2019, and the judgment became final and conclusive on January 26, 2019 and is still under suspension of execution. On January 9, 2008, the summary order of KRW 2 million was issued at the Busan District Court’s Branch of the Incheon District Court, and the summary order of KRW 2 million was issued on June 18, 2007, respectively.

【Criminal Facts】

On June 3, 2019, at around 00:05, the Defendant driven a Bone Star car on his own under the influence of alcohol level 0.102%, without obtaining a driver’s license, at a section of approximately 150 meters from the French land (hereinafter referred to as the “SIS”) to the front road of the 2160 sports park street.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry into the results of crackdown on driving under the influence of alcohol, and the place of drinking output;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (Attachment to the same military record during the period of suspension of execution), investigation reports (Attachment to the summary order of the same military record during the period of three-year driving);

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (wholly 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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The same has the same record of punishment for fines twice due to the same kind of crime.