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

Punishment of the crime

[criminal history] On March 8, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court, and on December 15, 2015, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act and received a fine of KRW 4 million in the same court on December 15, 2015, and has violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts] On October 6, 2018, the Defendant driven a C-A-hurged vehicle with alcohol concentration of 0.176% under the influence of alcohol in the 1km section around Busan Dong-gu, Busan, without obtaining a driver’s license on a motor vehicle around 11:48, and with around around 1km.

As a result, the Defendant, who has violated the prohibition on drinking under the Road Traffic Act not less than twice, drives a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol, and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report on the actual condition of a driver, investigation report (report on the circumstances of the driver in charge of driving), report on detection of the driver in charge of driving, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report [power on the violation of the Road Traffic Act], and investigation report [power on the violation of the Road Traffic Act] shall be made;

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. Although the reasons for sentencing under Articles 40 and 50 (Selection of Imprisonment) of the Commercial Concurrent Crimes Act are that the defendant confessions all the crimes and repents his mistake, the history of violation of the Road Traffic Act due to driving under drinking is three times or more, and the defendant again commits the crime in question, which has the record of violation of the Road Traffic Act due to driving under driving without a license, two times or more.