A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On February 21, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on February 21, 2007, and a summary order of KRW 4 million for the same crime at the same court on January 23, 2018. On April 2, 2019, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on April 10, 2019, for a period of suspension of execution.

【Criminal Facts】

On December 11, 2019, at around 07:00, the Defendant driven E-beh or a car under the influence of alcohol concentration of 0.048% without a vehicle driver’s license at a section of about 5 km from D in front of Cnam-si, Dao-si, Seoul, to the roads in front of the Gannam-dong, the Gosi-dong, the Gosi-dong, the Gosinam-dong, the Gan-dong, the Gan

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and simultaneously driving a car without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Articles 40 and 50 of the Criminal Act (Punishment for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1) and 55(1)3 of the Criminal Act is that the defendant was sentenced to imprisonment for a crime of drunk driving and committed the instant drinking, without a license during the period of suspension of the execution, and the reason and numerical value of the instant drunk driving, the defendant’s attitude, etc. shall be determined as per the order, taking into account all the circumstances such as the punishment.