A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On October 31, 201, the Defendant was sentenced to a suspended sentence of two years in October, 201, for the following reasons: (a) the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court; and (b) on September 2, 2014, in the resident support of the Daegu District Court, the Defendant was sentenced to a suspended sentence of two years.

【Criminal Facts】

On March 24, 2020, at around 19:58, the Defendant driven a F1 ton cargo vehicle under the influence of alcohol content of 0.134% without obtaining a driver’s license from the front of the C cafeteria located inYcheon-gun B to the front of the E office inYcheon-gun D from approximately 8km to the front of the E office inYcheon-gun.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting the driving of a motor vehicle without a driver's license while driving a motor vehicle at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of suspect drinking records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of violation on two occasions the regulations prohibiting driving under the influence of alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are subject to a fine three times prior to the instant case, and the Defendant has the record of being sentenced to a suspended sentence of imprisonment for a year 2014.

At the time of the instant case, the Defendant’s blood alcohol concentration is also 0.134%.

In this case, the Defendant, in the absence of a license due to revocation of a license due to a drunk driving, was driving a vehicle while drinking a lot of alcohol and returning to the house, and then lent the vehicle.

The drinking driving has been punished several times.