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

Punishment of the crime

[Criminal Power] On July 8, 2009, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seocho District Court’s territorial branch on July 8, 2009. On December 22, 201, the Defendant issued a summary order of KRW 4.5 million for a violation of the Road Traffic Act (driving) at the Jungcheon District Court’s District Court on December 22, 201. On May 23, 2018, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 29, 2020, at around 20:35, the Defendant driven a car in the Republic of Korea without a driver's license, under the influence of alcohol concentration of approximately 0.181% from the 14km section from the roads of Hongcheon-gun, Chungcheongnam-gun, and the front of the road to the same military Rose-ro 7 and the front road of the Rose-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, the report on the situation of drinking driving and the report on the state of unlicensed driving;

1. The driver's license ledger;

1. Crafic photograph;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting 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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is subject to criminal punishment once due to drinking and non-licensed driving, twice a drunk driving, and once a licenseless driving, while the period of probation expires, the defendant committed the instant crime of which drinking or non-licenseless driving without any consent during the period of probation, although the period of probation has expired, and at present, the defendant committed the instant crime without any consent, and the blood alcohol concentration of the defendant is considerably higher than 0.181%, and the driving distance is relatively long.