A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 28, 2008, the defendant was sentenced to a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, KRW 2 million in the same court on February 17, 2012, and KRW 1 million in the same court on June 29, 2012. On May 2, 2013, the same court was sentenced to a summary order of KRW 1 year for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (free license) and 2 years for a suspended sentence. On October 20, 2017, the same court was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (free license).

【Criminal Facts】

On September 15, 2019, the Defendant, without obtaining a driver’s license on September 22, 2019, driven a vehicle from approximately 500 meters away from the front of the Sindo-dong Women’s Center at Singu-si to the front of the same Sindo-dong Sports Park at approximately 0.146% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drive the above vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the results of the crackdown on drinking driving, and the details of drinking output;

1. Registers of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a) and Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing of alternative sentence of imprisonment without prison labor is that it is necessary to punish a crime that may cause serious damage to another person's life, body and property, and that the defendant has been punished several times due to drinking or unlicensed driving.