A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 28, 2009, the Defendant issued a summary order of KRW 4 million to the Cheongju District Court for a violation of the Road Traffic Act (refluence of measurement). On February 5, 2014, the Defendant issued a summary order of KRW 4.5 million to the same court for a violation of the Road Traffic Act (refluence of measurement). On June 12, 2020, the Defendant was sentenced to a fine of KRW 15 million to a violation of the Road Traffic Act (refluence of measurement) and is currently in the second instance trial.

On September 15, 2020, at around 03:15, the Defendant driven a Hpoter II truck under the influence of alcohol content of approximately 0.160% without a vehicle driver’s license from a section of about 1km from the upper end of the Dopo-dong Dopo-gu Dopo-gu Dopo-dong to the G Dopo-gu Dopo-gu Dopo-gu Dopo-dong from the upper end of the Dopo-gu 2 Residential Center to the G

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice and simultaneously drives a vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstantial statements of drinking drivers), and the register of driver's licenses;

1. Previous convictions: Inquiry records into criminal records, written judgments, and application of summary order Acts and subordinate statutes;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. From one year to two years and six months of imprisonment with prison labor within the scope of applicable sentences in law; and

2. A sentence of imprisonment with prison labor for a year disadvantageous to a person: The circumstances favorable to the defendant who committed the crime of this case while being tried for the same kind of crime: The defendant reflects the crime of this case, and the above circumstances shall be determined as the sentence, considering comprehensively the age, character, environment, motive, means and consequence of the crime, and the conditions before and after the crime;