A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 7, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on September 7, 201, and the summary order of KRW 4 million for the same crime from the Suwon District Court on December 11, 2013, and was sentenced to a summary order of KRW 4 million for the same crime on June 27, 2014 at the Seoul Southern District Court on June 27, 2014, and was sentenced to imprisonment for six months and one year of suspended execution. On March 16, 2017, the Defendant completed the execution of the sentence at the Seoul Southern Southern District Court on May 19, 2017.

At around 04:00 on July 1, 2019, the Defendant, while under the influence of alcohol 0.123% under the influence of alcohol, driven a vehicle with approximately 500 meters section from the front of the B Bank located in Pyeongtaek-si Station to Pyeongtaek-si, without obtaining a vehicle driver’s license, even though he had been punished for a violation of the Road Traffic Act (driving).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Electronic data, such as carvings;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification during the same type of power and repeated period);

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 Competition, the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant again committed the instant crime during the period of repeated crime, notwithstanding the punishment imposed due to repeated driving. However, the background and distance of driving, blood alcohol concentration, Defendant’s criminal records, etc. shall be taken into account in sentencing.