A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On May 22, 2020, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court.

【Criminal Facts】

On August 11, 2020, the Defendant, without obtaining a driver’s license on August 23:05, 2020, driven an Eystren vehicle while under the influence of alcohol content 0.283% from the roads in front of the Gongju City to the roads in front of the entrance of D in the same city.

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

Summary of Evidence

1. Records of regulating the accused’s legal statement, records on the state of his/her oral statement, and the register of driver’s licenses for motor vehicles subject to investigation reports (report on the state of his/her standing

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for driving sound);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had already been sentenced to two times of drunk driving, and in particular, on May 22, 2020, when he was issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act on the grounds of the violation of the Road Traffic Act, he conducted a drunk driving without a license before the lapse of three months from the issuance of the summary order. Considering that there is considerable concern about recidivism, and that the risk of recidivism is extremely high due to the extremely high drinking level, the Defendant should be sentenced to imprisonment with prison labor.

On the other hand, the records of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be considered in light of the fact that the defendant's mistake is recognized and reflected, and that there was no criminal record of imprisonment.