A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act on July 22, 2013, and a fine of KRW 7 million for the same crime on April 8, 2015, respectively. The Defendant was sentenced to imprisonment with labor for the same crime on December 7, 2017.

However, on January 3, 2018, at around 21:45, the Defendant driven a G body-wide car in the state of alcohol alcohol concentration of about 0.105% without obtaining a driver’s license from the front road of the “25 Sim Mart,” located in the Kimcheon-si, Kimcheon-si, to the front road of the Jacheon-gu, Geumcheon-gu, Geumcheon-do, Geumcheon-do, Geumcheon-do, in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and making inquiries about the results of drinking control;

1. Registers of licenses and details of revocation of drivers' licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Relevant legal provisions concerning criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason why the sentencing of the alternative sentence of imprisonment has been subject to punishment on several occasions, such as driving of alcohol, driving without a license, traffic accident in the excessive, and filing of the main sentence, etc.

Of them, there was a case where an accident while driving under the influence of alcohol led to the death of the victim (the case was sentenced to imprisonment with prison labor). The Defendant was indicted for driving under the influence of alcohol without a license and was absent in the trial while having been tried for the trial (the Defendant was sentenced to imprisonment with prison labor for one year after the Defendant was absent). There was no extenuating circumstance as to the developments leading up to driving under the influence of alcohol.

There seems to be no room for reflection and improvement even though he/she has experienced a large accident and has been punished several times.