A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 8, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on November 8, 2016, and was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on August 25, 2015.

【Criminal Facts】

On February 4, 2019, the Defendant, without obtaining a driver’s license on February 4, 2019, driven a broadband car at the section of approximately 100 meters, which is around 0.114% of blood alcohol level, in front of the Seowon-gu, Seowon-gu, Seowon-gu, B Apartment-dong, and under the influence of alcohol level 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, detailed statement of control, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the circumstantial statement of a drinking driver, investigation report, and the register of driver's licenses; and

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), previous records, results of confirmation, and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. The reason for sentencing of alternative punishment is that the defendant has a number of same kinds of records including the records of probation, and the criminal records, such as the records of the crime, committed the same crime in spite of the recent two times of punishment for drunk driving, and was prosecuted to the Cheongju District Court on November 22, 2018 and was sentenced to imprisonment with prison labor for one year on March 19, 2019 and two years of suspended sentence, and now the appellate trial is in progress.

The crime of this case was committed during the trial on the same kind of crime, and the risk of recidivism by the defendant or the attitude of the law is serious.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime of this case, circumstances after the crime was committed, etc. shall be determined as ordered.