A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On May 18, 2018, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving), etc. in the Chungcheong District Court’s support, and on May 26, 2018, the said judgment became final and conclusive on May 26, 2018. On February 9, 2018, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) and five times of punishment for the same crime.

[Criminal facts] On August 27, 2018, the Defendant was driving a DNA cargo vehicle under the influence of alcohol content of 0.233% while under the influence of alcohol, without obtaining a driver’s license from around 15:50 to around 300 meters from around 15:50 to around C’s front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger (A);

1. Criminal Records: References to inquiries, such as criminal history, (A), investigation reports (report attached to the judgment), - Application of the provisions of Part V of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing an alternative sentence of imprisonment with prison labor is as follows: (a) a person was sentenced to a suspended sentence of imprisonment with prison labor for three times within the preceding three years due to driving of alcohol, driving of a large number of drinking alcohol, driving without a license for drinking; and (b) a person committed again in the past three months only after having been sentenced to a suspended sentence of imprisonment with prison labor; (c) a person committed the crime repeatedly within a short period of time and has high alcohol concentration during the war with the previous drinking alcohol (0.124%, 0.17%, 0.231%, etc.). In the instant crime, the alcohol concentration in blood during the crime is very high to 0.23%. The likelihood of recidivism is high and bad. In addition, a sentence of imprisonment with prison labor should be imposed in consideration of these circumstances, the circumstances after the crime was committed, the Defendant’s age, sex, family environment, and other sentencing conditions.