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

Punishment of the crime

[Criminal Power] On September 27, 2011, the Defendant was issued a summary order of KRW 2.5 million at the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million at the Ulsan District Court on April 23, 2014 to a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On July 17, 2018, the Defendant, while under the influence of alcohol of 00:40%, driven a “D” water play vehicle from the front side of the Ulsan Middle-gu B apartment without a driver’s license to the front side of the parking lot of the “D” water play vehicle from around 500 meters, without a driver’s license.

Accordingly, the defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol again, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Making an inquiry and making an inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

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. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. The crime is committed by driving a vehicle without a driver's license under the influence of alcohol even though the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as "reasons for discretionary mitigation") had had the record of being punished two times or more favorable to the defendant, and the crime is again committed under the influence of alcohol.