On July 6, 2014, the Defendant was sentenced to a suspended sentence of two years on September 30, 2014 by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 30, 2014 due to driving of a motor vehicle under the influence of alcohol level of 0.109%.

On May 9, 2020, at around 22:03, the Defendant driven a DNA X-sports truck under the influence of alcohol by 0.067% without obtaining a driver’s license from the front of the cafeteria located in the Daejeon-gu, Daejeon to the front of the Cschool located in the Chungcheongnam-gun, Chungcheongnam-do to the front of the 15km-gun, Chungcheongnam-do.

Accordingly, the defendant driving a vehicle without obtaining a driver's license in violation of Article 43 of the Road Traffic Act and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (at the time of autopsy), investigation report (report on the status of a driver), inquiry into the control of drinking and driving, and register of driver's licenses;

1. Criminal records as stated: Criminal records, inquiry reports, and application of court rulings or statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body. As social damage caused by drunk driving increases, it is necessary to impose heavy responsibility on drinking drivers.

The defendant shows his attitude to recognize and reflect the crime of this case, and he knows in the future.