A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 6, 2018, at around 21:10, the Defendant driven a car with approximately 3 meters of 0.280% of blood alcohol level while under the influence of alcohol without obtaining a driver's license in front of convenience points in C, which are located in B at the Gongju City.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 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. The punishment is to be determined as ordered, comprehensively taking into account the following factors: the reason for the sentencing of alternative sentence of imprisonment with prison labor is high; the degree of blood alcohol level is high; the punishment for driving 4 times due to drinking alcohol has the ability to punish a person; the distance of driving is short; the driving distance is likely to ordinarily drive a person without a license after acquiring a vehicle in the state of non-license; and other various kinds of sentencing conditions specified in the trial process, including the Defendant’s age, character and behavior, environment, occupation, family relationship, etc.;