A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[Criminal Power] On August 21, 2018, the Defendant was sentenced to imprisonment for 6 months at the Suwon District Court for a violation of the Road Traffic Act (driving) and 2 years of suspended execution on three occasions.

【Criminal Facts】

On March 23, 2020, at around 23:30, the Defendant driven a DM-W car with approximately approximately 500 meters distance from the B around Osan City to the roads adjacent to C hotel in the same city, without obtaining a driver’s license, while under the influence of alcohol with 0.207% alcohol concentration.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at the same time not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (formers and confirmation reports), and application of Acts and subordinate statutes of summary order;

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 sentence like the order shall be imposed by comprehensively taking into account the following conditions of sentencing for the reason of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime.

On August 21, 2018, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Suwon District Court for a crime of violation of the Road Traffic Act, and the Defendant was sentenced to three criminal records of the same kind on August 29, 2018, including that the said judgment became final and conclusive on August 2018.

In particular, the crime of this case is not committed in that it has been committed during the suspension period of execution of the same kind of crime.

- From June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant can easily understand the above circumstances through the media, etc.