A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On October 20, 2017, the Defendant of criminal records was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint attack) at the Cheongju District Court on the grounds that the said judgment became final and conclusive on January 20, 2018, and completed the execution of the sentence in the Cheongju Prison on August 21, 2018, and issued a summary order of KRW 5 million at the Cheongju District Court on August 8, 2019 as a crime of violation of the Road Traffic Act.

2. On September 3, 2019, the Defendant, without obtaining a driver’s license, driven an EK5 vehicle from the front of the Cheongju-gu Seoul Metropolitan Government B apartment site in the direction of 0.149% alcohol level, in the direction of alcohol leveling around 2:15 on September 3, 2019 to the front of the Cheongju-gu Seoul Metropolitan City B apartment site in the direction of about 5km from the front of the Cheongju-gu Seoul Metropolitan City B apartment site.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Control note;

1. Registers of driver's licenses;

1. Criminal records, reply reports on criminal records, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes to the status of individual confinement;

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. 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 heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is recognized as a crime for sentencing, and is against the wrong consequence, traffic accidents, etc. have not occurred, the same crime has no record of being sentenced to heavy punishment exceeding the fine, and efforts to not repeat the crime, etc., although it appears that it is a repeated crime, it is a repeated crime, but it is a short period of drinking driving, repeated driving, in addition to the previous conviction, the history of drinking driving is more than once, and the blood alcohol concentration is higher.