A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On April 12, 2017, the Defendant was issued a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Changwon District Court’s territorial branch.

On October 26, 2019, the Defendant driven a F car under the influence of alcohol content 0.148%, without obtaining a driver’s license, from approximately 300 meters from the front of the outer influence vehicle in C, which is located in C, to the front of the E frequency in D, and without obtaining a driver’s license in approximately 300 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of each criminal history record statement, investigation report (a) (a confirmation of the same kind of power, summary order, etc. attached thereto) and statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning criminal facts;

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

1. The reason for sentencing of alternative sentence of imprisonment without prison labor did not cause any realistic damage due to the pertinent drunk driving, and only a fine due to the previous drunk driving was imposed, but the Defendant was punished for the same kind of crime, and the Defendant also under the influence of drinking without a license. The Defendant, while driving a vehicle without a license, was sentenced to a fine, taking into account all circumstances, including the fact that the Defendant destroyed the parked vehicle and escaped and was sentenced to a fine.