A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On Nov. 26, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in Ansan Branch of the Suwon District Court on Nov. 26, 2008; on Apr. 22, 2011, in Incheon Branch of the District Court, a summary order of KRW 3 million for the same crime; on Apr. 22, 201, the Defendant was sentenced to imprisonment with prison labor for 10 months and two years for a suspended sentence.

【Criminal Facts】

On November 4, 2019, at around 01:15, the Defendant driven a CM5 car from around 3 km to the front road of Silung-si 1633, Silung-si, Silung-si, and the water resource construction distance, while under the influence of alcohol with a blood alcohol content of 0.089% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, output of a drinking measuring instrument, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses;

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

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to inquiry reports on crimes, etc., investigation reports (A) and reporting prior to the disposition, and reporting results;

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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is likely to cause serious damage to another person's life, body and property, and that the defendant has been punished several times due to drinking or driving without a license (4 times a fine, 4 times a suspended sentence, 1 time a suspended sentence), and that the defendant has been punished several times due to drinking or driving without a license, it is inevitable to sentence sentence equivalent to the criminal liability.

However, the defendant recognized the crime and reflects the mistake, the blood alcohol concentration level, driving distance, past drinking driving and the drinking driving of this case.