A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 30, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Changwon District Court on July 30, 2015, and on January 5, 2016, the Defendant issued a summary order of KRW 4 million for the same crime at the same court on January 5, 2016, and on April 12, 2017, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act.

On August 14, 2019, the Defendant, without obtaining a driver’s license at around 23:50 on August 14, 2019, driven CFD car at a section of approximately 600 meters from the front of a restaurant cafeteria, where it is difficult to identify the trade name located in the Kimhae-si, while under the influence of alcohol 0.251% of alcohol level.

As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and details of revocation of driver's licenses;

1. Previous records before ruling: Application of inquiry reports and investigation reports, including criminal records, 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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though there are many criminal records (four times of fines, one time of suspended execution) for the same kind of punishment, the Defendant repeated a license without drinking in a short time.

In light of the criminal power and the degree of driving, the social danger of drunk driving and the purport of the revision of the Road Traffic Act, etc., punishment on the defendant is inevitable.

However, considering the favorable circumstances in which the defendant recognized a mistake and reflects it, the age, character, conduct, family relationship and family relationship of the defendant are considered.