A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On April 26, 2018, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Road Traffic Act (driving) at the Busan District Court, and two years to a suspended sentence. On July 28, 2018, the above judgment became final and conclusive. On July 20, 2016, the Defendant was sentenced to a fine of 5 million won for the same crime, etc. at the Busan District Court’s Dong Branch, and on November 26, 2014, sentenced to imprisonment with labor for 10 months and two years of suspended sentence. On January 26, 2007, the Defendant was issued a summary order of 2 million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Dong branch branch.

【Criminal Facts】

On December 14, 2019, the Defendant, without a driver’s license of a car at the Busan Shipping Daegu, from 14:0 a.m. to Gyeongnam-gun, driven the said car at approximately KRW 150 meters from the 200km section, while continuously driving the said car at approximately 16:30m from the front side of the Gyeongsung-gun to the F.m. under the influence of alcohol concentration of about 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Report on the statement of a drinking driver, and report on the control of drinking driving;

1. The register of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (verification of the facts under the period of suspended execution of a suspect and the same records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that there is a favorable condition for the defendant, such as the defendant has a wrong mind, and there is a family member to support.

However, the defendant has already been driven by drinking, etc. several times as stated in the judgment.