The punishment of the accused shall be determined by a year of imprisonment.

Criminal facts

On February 21, 2019, the Defendant was issued a summary order of KRW 5 million by the Cheongju District Court due to a violation of the Road Traffic Act.

On October 17, 2019, at around 21:02, the Defendant driven a “C” cafeteria located in Chungcheongnam-gun B, Chungcheongbuk-gun, without obtaining a driver’s license from around 200 meters to D, the Defendant driven a ewing 3 cargo vehicle under the influence of alcohol with a maximum of 0.095% alcohol concentration, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Inquiry the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, and subparagraph 1 of Article 152 of the Road Traffic Act concerning the facts constituting a crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) recognizes his/her mistake in this Court.

The defendant was not subject to criminal punishment exceeding a fine.

However, the defendant was punished as a crime of violation of the Road Traffic Act, and it has not been more than one year, and he was driving while under the influence of alcohol.

In addition, the defendant was driving without obtaining a driver's license even though the driver's license has been revoked due to drinking.

Considering these circumstances, the nature of the crime is bad.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments and records, such as the defendant's age, environment, background and method of the crime (time of driving), blood alcohol concentration, and attitude after the crime.