A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 7, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”); on September 26, 2014, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on January 25, 2017.

In addition, on July 27, 2019, the Defendant was indicted by the Incheon District Court 2019Kadan6461 on the ground of the violation of the Road Traffic Act (refluence of alcohol measurement) that he/she did not comply with the request for measurement of alcohol by a police official without good cause, and was sentenced to one year of imprisonment on June 17, 2020, and the appellate court (In Incheon District Court 2020No1828) continues to be in progress.

【Criminal Facts】

On October 19, 2019, at around 01:00, the Defendant driven CM5 car under the influence of alcohol concentration of 0.184% without obtaining a driver's license from the front of Seo-gu Office in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, to the parking lot for the building B in Michuhol-gu, Incheon.

Accordingly, the Defendant was driving a motor vehicle without obtaining a driver's license in violation of the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Previous records on the defendant's statutory statement, circumstantial statement, report on detection of drinking drivers, previous records on the driver's license register of the motor vehicle: Criminal history records, reference reports, investigation reports (Evidence No. 12, 15), copies of attached indictments, court rulings and summary orders, and application of substantial facts-finding 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The Defendant, prior to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, is driving under the influence of alcohol, driving without obtaining a license, etc. on several occasions.