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

Punishment of the crime

[criminal power] On November 7, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court, and on May 25, 201, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court on May 25, 201, and on June 14, 2013, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on June 14, 2013. On December 8, 2016, the Defendant was issued a summary order of KRW 10 million for a violation of the Road Traffic Act at the Suwon District Court on December 8, 2016.

【Criminal Facts】

At around 06:30 on March 23, 2019, the Defendant driven D Poter Cargo Vehicles without obtaining a driver's license while under the influence of alcohol 0.063% in a section of approximately 500 meters from the front of Gwanak-gu in Seoul to the front of Gwanak-gu in Seoul Special Metropolitan City.

As a result, the Defendant violated two times or more of drinking driving, and was driving without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records before and after judgments: Criminal records, inquiry reports (A), investigation reports (Attachment of the same kind of records of a suspect), judgment on the same kind of power, and application of summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019); 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, who has had six times a drunk driving and eight times a licenseless driving, has engaged in driving under the influence of alcohol and without a license.

In addition, the defendant is driving under influence due to drinking.