A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On February 2, 2017, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving on a sound driving), and operated EMW vehicle under the influence of alcohol concentration of KRW 0.131% under the influence of alcohol, on October 10, 2019, by a person who was sentenced to a fine of KRW 4 million for the same crime at the Seoul Western District Court (Seoul Western District Court) and on December 14, 2019, at approximately 150 meters from the 150-meter back to the aftermath of the D chemical located in the same Gu C, and on the eM vehicle under the influence of alcohol concentration of KRW 0.131% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual condition, photographs of accident site, results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, the details of disposition on cancellation of driver's license, and the register of driver's licenses;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (a report on the confirmation of the same kind of power);

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 Road Traffic Act amended on December 24, 2018 on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has strengthened punishment to impose imprisonment with prison labor for not less than two years but not more than five years (a year but not more than two years and not more than six months even if discretionary mitigation is conducted) on a person who has driven under the influence of alcohol at least twice.

Therefore, sentencing for the crime of drunk driving should also be strengthened in line with the above amendment of the law.

On October 30, 2016, the Defendant was under the influence of alcohol with 0.22% on alcohol, and was subject to a summary order of KRW 5 million on February 2, 2017, and was under the influence of alcohol with 0.147% on March 9, 2019.