Defendant shall be punished by imprisonment for a term of one year and four months.

Criminal facts

【Criminal Records of Crimes】 On October 1, 2008, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a crime of violating road traffic laws at the port support of the Daegu District Court on October 1, 2008, as a fine of two million won for a crime of violating road traffic laws (drinking), in the same court on June 8, 2012, in the same court on March 9, 2018, in the same court on March 9, 2018, or in violation of road traffic laws (licensed driving).

【Around July 20, 2019, the Defendant driven a CTB-type car without obtaining a driver’s license in the state of alcohol 0.127% while drunk from the 1km away from the Masan-ri, Masan-Eup, Masan-gu, Chungcheongnam-gu to the Masan-si.

As a result, the Defendant violated the prohibition of drinking under the Road Traffic Act not less than twice without a driver's license, and once again driven a car while under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the detection of any suspected violation of traffic laws (free license or drinking driving), report on the situation of the driver who is placed in driving, notification of the results of the crackdown on drinking driving, and the register of driver's licenses;

1. A criminal investigation report (at the time of arrival of the site and the details of detection);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of the criminal records of drinking driving by a suspect A, and confirmation of the facts during a suspended execution period);

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment of a fine is imposed on June 2, 2008 as a violation of the Road Traffic Act (driving) even in addition to the criminal records as indicated in the judgment, on the following grounds: (a) the amount of alcohol concentration is higher in the blood for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; and (b) the amount of a fine is sentenced to a violation of the Road Traffic Act (driving).