A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant was issued a summary order of KRW 2 million on June 12, 2008, and a fine of KRW 3 million on June 12, 2013, in the Changwon District Court's Jinwon District Court's Jinju branch, as a crime of violation of the Road Traffic Act.

"2019 Highest 919"

1. On June 21, 2019, around 19:55, the Defendant driven a FM5 vehicle while under the influence of alcohol content of 0.142% at a section of about 100 meters from the street in front of the city B in Sacheon-si to the street in front of the E in the same city D.

"2019 Highest 1551"

2. On August 22, 2019, at around 20:25, the Defendant driven a FM5 vehicle without a driver’s license in a state of alcohol alcohol concentration of about 0.185% at a section of approximately 1.32 km from the street in front of the H restaurant located in Scheon-si G to Scheon-si I in front of Scheon-si.

Summary of Evidence

"2019 Highest 919"

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving, a report on the circumstantial statement of a drinking driver, and an investigation report (report on the circumstances of a drinking driver)";

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. The register of driver's licenses (previous record on market);

1. Criminal records, inquiry reports, and the application of related Acts and subordinate statutes;

1. Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Jun. 21, 2019); Articles 148-2 (1) and 44 (1) of the Road Traffic Act (amended by Act No. 1482, Aug. 22, 2019); Articles 152 subparagraph 1 and 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, and choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: A person who has been punished several times as a crime on the grounds of sentencing in Articles 53 and 55(1)3 of the Criminal Act, but has been driving at a higher level with blood alcohol level. Accordingly, during the trial, the blood alcohol concentration without a driver’s license is again conducted.