A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 25, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Sung-nam branch of Suwon District Court on September 25, 2015, and on January 19, 2018, issued a summary order of KRW 5 million for the same crime at the Jung-gu District Court.

On November 10, 2019, at around 06:05, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.060% without a car driver’s license in the direction of approximately 10km from the Do in front of the mutual influence city in the same Do-si, Yang-si.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle while under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Report on the situation of operation without a license;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order for sound driving), and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 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 the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been subject to punishment for a considerable number of times due to drinking without a license even before the sentencing is made.

Nevertheless, the crime of this case was committed with the driver's license with the blood alcohol concentration of 0.060%.

The defendant was exposed to the police while standing a motor vehicle that turns on at the intersection, and the defendant seems to have been in a difficult condition to drive because of considerable measures.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The motive and motive of the crime, including the above circumstances.