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

Punishment of the crime

On September 11, 2007, the Defendant has been punished for violating Article 44(1) of the Road Traffic Act by having received a summary order of KRW 1 million due to a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch, and on August 17, 201, the same court issued a fine of KRW 2 million for the same crime, respectively.

On April 5, 2019, at around 08:50, the Defendant driven a E rocketing car without a driver’s license, while under the influence of alcohol leveling 0.079% from the 3km section from the front of the building B to the front road of the “D” located in C at Dhh time around that time.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the 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, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s criminal records (the existence and frequency of the same kind of power, the time interval with the same kind of power, etc.), the nature of each of the instant crimes; the degree of the Defendant’s blood alcohol concentration at the time of driving of the instant case; the driving distance of the instant case; the process of regulating each of the instant crimes; the circumstances following the instant crimes; the Defendant’s reflection, health conditions, etc.; and the various sentencing conditions specified in the instant records and arguments, including the records and arguments.

It is so decided as per Disposition for the above reasons.