A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 3, 2009, the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch, etc. On October 19, 2015, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the same court on October 19, 2015, and on October 17, 2018, the Defendant was sentenced to imprisonment of KRW 6 months for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court and two years for a suspended sentence.

【Criminal Facts】

On October 23, 2019, at around 00:10, the Defendant driven CM5 car while under the influence of alcohol with 0.142% of alcohol concentration without obtaining a driver's license from the front of the restaurant located in the Gangseo-gu Busan Metropolitan City, to the front of the Busan Gangseo-gu, and without obtaining a driver's license.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle at the same time not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Details of driver's license revocation and the ledger of driver's licenses;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like records);

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. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is deemed to be bad in the nature of the crime of this case where the defendant committed a crime of violating the Road Traffic Act, and was sentenced to a suspended sentence of imprisonment, and the defendant re-driving during the suspended sentence period.

Until now, the defendant has been subject to criminal punishment for drinking driving three times.

The revised Road Traffic Act is strict to the drinking driving.