A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

[criminal power] On January 4, 2018, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site on January 4, 2018, and a fine of KRW 7 million for the same crime in the same court on January 25, 2018. On August 30, 2018, the same court was sentenced to imprisonment for six months and one year of suspension of execution for a crime of violation of the Road Traffic Act (driving without a license). On November 15, 2019, the same court was sentenced to imprisonment for eight months and two years of suspension of execution and became final and conclusive on November 23, 2019.

【Criminal Facts】

On June 7, 2020, at around 21:18, the Defendant driven a D rocketing car with the blood alcohol concentration of about 0.098% without the driver’s license in a section of about 300 meters from the front of Pyeongtaek-si B to the front of C at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, report on the circumstances of driving without a license, report on the circumstances of a driver without a license, investigation report, report on the results of the crackdown on driving without a license (report on the circumstances of a driver with a license); and

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of violation on not less than twice the regulations prohibiting the driving of sound signals), subparagraph 1 of Article 152, and Article 43 of the same Act concerning 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. Where the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is the confessions and reflects of the accused, etc., and there are no favorable circumstances for the accused;

However, as seen above, the Defendant was sentenced two times to a fine for drunk driving in the year 2018, six months of imprisonment, and one year of suspended sentence, as well as the Defendant was sentenced to a fine for a drunk driving in the year 2018, and the Defendant was sentenced to a suspended sentence for eight months of imprisonment with prison labor and two years of suspended sentence in the year 2019, and was still under suspended sentence.