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

Punishment of the crime

[Power of sound driving, etc.] Defendant on 1, 2007

9. A summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 2 million at the Cheongju District Court on June 5, 2007, a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act, etc. at the same court on April 15, 2010, respectively. On February 1, 2017, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act.

【Criminal Facts】

1. On February 29, 2020, the Defendant was driving a motor vehicle with a high blood alcohol level of 0.184% under the influence of alcohol, without obtaining a driver’s license, from around 20:10 to around 20:10 on the roads of Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and up to C, from around 1km to the road.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” more than twice, and conducted concurrent driving without license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a D low-speed car, operated the said low-speed car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. An accident site photograph;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Standing concurrences (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment specified for the crimes of violation of the Road Traffic Act with heavier punishment shall be imposed);