A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On December 4, 2009, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Suwon District Court on December 4, 2009; on December 10, 2010, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act; and on October 26, 201, the same court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act; on May 15, 2014, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 6 months for the same crime in the same court; on August 17, 2016, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 6 for six months with prison labor for the same crime.

On April 16, 2020, at around 23:03, the Defendant driven a d class-III truck with a blood alcohol concentration of 0.161% under the influence of alcohol level 0.161%, without obtaining a driver’s license, from the road near C University located in Suwon-gu, Suwon-si, Suwon-si to the 742 east-gu, Ansan-si, Ansan-si, the coast of the riverside park resting area.

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

Summary of Evidence

1. Defendant’s legal statement, circumstantial statement, notification on the results of the drinking driving control, and the register of driver’s licenses for motor vehicles where drinking is measured;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (the previous records and confirmation reports of a suspect), judgment, etc.;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including refusal to take a negative test) under Articles 53 and 55(1)3 of the same Act is as follows: (a) the driving of a license for drinking without alcohol (including refusal to take a negative test) for the reason of sentencing under Articles 40 and 50 of the same Act; and (b) the driving of a motor vehicle is sentenced to imprisonment for 2000 to 2018 and the period of repeated offense has expired; and (c) the driving of a motor vehicle is once again conducted for two months after the period of repeated offense expires.