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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On August 7, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on August 7, 2008, and on June 28, 2013, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act. On November 29, 2019, the same court was sentenced to a suspended sentence of three years for a year of imprisonment for a violation of the Road Traffic Act (refluence of measurement) and became final and conclusive on December 7, 2019.
On May 31, 2020, at around 18:34, 2020, the Defendant driven a Cknife vehicle under the influence of alcohol level 0.048% while under the influence of alcohol level 0.048% without obtaining a driver’s license, from the Do in front of 18:34 on May 31, 2020 to the interlock road 21-20.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and the ledger of driver's licenses made once as a result of the drinking control;
1. Previous convictions: Criminal history records, inquiry reports, judgment, decision not to institute prosecution, application of Acts and subordinate statutes concerning summary order;
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. The reason for sentencing under Articles 40 and 50 of the Commercial Concurrent Punishment Act includes the history of criminal punishment several times for a drunk driving, and in particular, even though the defendant is under the suspension of execution as stated in the judgment of refusal to measure alcohol and act of driving without a license, he/she again is under the influence of alcohol without a driver’s license (in addition to the previous conviction, the defendant was discovered as being under the influence of alcohol driving on May 5, 2016 and was subject to the suspension of indictment on June 16, 2016), and it is inevitable to punish the defendant under the influence of alcohol.
However, the defendant seems to have an attitude to reflect in depth on his mistake late, and again he is expected not to drive a drunk.