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

Punishment of the crime

On May 11, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch on May 11, 201, and a fine of KRW 1.5 million for the same crime in the same court on April 16, 2013, respectively, and on June 23, 2017, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on June 23, 2017.

7.1. The above judgment becomes final and conclusive and is still under the suspension of execution.

Criminal facts

On March 8, 2019, the Defendant driven BM 730LD car from the Dried-si B Apartment-si B Apartment-si to the front road located in Fapo City C, under the influence of alcohol by 0.234%, without obtaining a driver's license on March 8, 2019.

Accordingly, even though the defendant was punished not less than twice due to the violation of the Road Traffic Act, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Consent to and confirmation of blood collection, investigation report, request for appraisal, reply for appraisal, notification of the results of the control of drinking driving (blood collection), and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on the suspect's previous records and written records of his/her summary order), and application of summary orders under statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has already been punished four times, and the defendant repeated his/her drunk driving during the period of probation for the same crime.

The above defendant's criminal records, drinking driving itself.