A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 8, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Cheongju District Court's support on September 8, 2009, and a person who was sentenced to a fine of KRW 4 million for the same crime in the Youngju District Court's Yeongdeungpo Branch on May 21, 2014.

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act, the Defendant, without obtaining a driver’s license in around 13:50 on August 3, 2014, operated C Cocoon Dok in the section of approximately 1km from the road at the entrance of the 91 latter bathing beach to Ulsanbuk-do in front of the Gyeongjin-do Institute for Marine Science and Science in the front of the 22 North Korea Sea Science and Technology Institute, under the influence of alcohol concentration of 0.176%, even though he had been under the influence of alcohol at around 13:50 on August 3, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the accused;

1. Statement made to D by the police;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation (including photographs attached thereto), and a suitable inquiry;

1. Previous convictions indicated in judgment: Inquiries about the results of crackdown on drunk driving (five times), investigation reports (Attachment of summary order, etc.), and application of Acts and subordinate statutes after inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. In light of the following facts: (a) the Defendant was sentenced to the punishment provided for in the crime of violation of the Road Traffic Act with heavier punishment; (b) the Defendant’s reason for sentencing, including the instant case, was discovered three times by drinking driving only in 2014; (c) the drinking driving is highly likely to cause human life accidents; and (d) the Defendant’s blood alcohol concentration in the Defendant’s blood alcohol content in the crime of the instant dry driving, which was discovered to be the third degree, is relatively higher than 0.176%.