A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 24, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court, and KRW 2 million for the same crime in the Gangnam Branch of the Chuncheon District Court on November 19, 2007. On August 8, 2017, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime at the Suwon District Court.

On July 13, 2019, the Defendant, as a person who violated the provision prohibiting driving under the influence of alcohol, once again drive a D Sti-type car without obtaining a driver’s license from around 500 meters to the C adjacent road in approximately 500 meters away from the G-si B’s adjacent road, while under the influence of alcohol with 0.121% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Report on the state of operation without a license, the register of driver’s licenses for automobiles, and making an inquiry into the car;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 the 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had a record of criminal punishment three times due to drunk driving, etc., but was driving without obtaining a license for driving again during the same period of probation.

At the time of the crime of this case, the blood alcohol concentration level of the defendant is reasonable, and it seems that the defendant was a drunk driver without any special reason or necessity.

Therefore, the sentence on the defendant is inevitable.

However, it shall be reduced by taking into consideration the favorable circumstances, such as the fact that the defendant misleads and reflects the defendant's wrong, the driving distance is not long, and the personal and material damage has not occurred due to the crime in this case.

The age, character and conduct, career, environment of the defendant, and others.