A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 11, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 11, 2012, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on November 6, 2017, respectively.

around 08:30 on December 25, 2018, the Defendant driven a DNA rocketing car owned by the Defendant or C in the section of approximately 1.5 km from the 1.5km to the roads adjacent to the Gangnam-gu Seoul Station, Gangnam-gu, without a driver’s license, while under the influence of alcohol 0.107% of alcohol level around 08:30 on December 25, 2018.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of paragraph (1) of the same Article.

around 10:00 on January 1, 2019, the Defendant driven D's automobile under the influence of alcohol content of about 3.6 km from the roads near subway 2 lines located in Gangnam-gu, Gangnam-gu, Seoul to the roads near subway 406, to the subway 2 lines Samsung Station, located in 532 in the same Gu, in the same Gu, to the roads near subway Samsung Station 2, located in the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

"2019 Highest 364"

1. Defendant's legal statement;

1. Repulmonary measuring paper;

1. "Motor vehicle driver's license register";

1. Defendant's legal statement;

1. A notification slip of the result of drinking driving control;

1. The register of driver's licenses (A) : Application of criminal history records, reference reports (A), copies of summary orders, investigation reports, and statutes attached to each evidence record;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the facts constituting the crime; and