A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On February 6, 2020, the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on February 6, 2020.

【Criminal Facts】

On September 22, 2020, the Defendant, without obtaining a driver’s license on September 22, 2020, driven an E-Ad A4 car from approximately 400 meters from the front of the member-gu in Ansan-si to the front of the D High School located in the same Gu C, under the influence of alcohol level of 0.24%, without obtaining a driver’s license on September 22, 202.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the record book of drinking alcohol measurement, and the report on drinking-making;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same type of power, etc.);

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

1. The Defendant, on August 23, 2019, was sentenced to a suspended sentence of two months for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in the Suwon District Court’s Ansan Branch on August 23, 2019, and the judgment became final and conclusive on August 31, 2019, and did not know even during the current suspended execution period, and the Defendant committed the instant crime; the Defendant was punished by a fine due to drinking driving on February 6, 2020 during the suspended execution period; and the Defendant was punished by a fine due to a drunk driving on February 6, 2020 during the suspended execution period; and the Defendant’s blood alcohol concentration was very high, a sentence equivalent to the Defendant’s criminal liability is inevitable.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects the wrongness, and the age, character, environment, motive, means and result of the crime.