A defendant shall be punished by imprisonment for six months.

Punishment of the crime

According to the records of KRW 4 million, which was issued on March 21, 2012 by the Suwon District Court on March 21, 2012, the Defendant was found to have been liable for a fine of KRW 4 million. Since the “one million won” as stated in the indictment is obviously a clerical error of KRW 4 million, the Defendant’s correction is made.

On June 20, 2013, the same court was sentenced to a suspended sentence of two years for six months due to the same crime.

Nevertheless, on December 11, 2018, the Defendant, without obtaining a driver's license at around 23:56 on December 11, 2018, driven a car with C low alcohol at a distance of about 3.5 km from the influence (hereinafter referred to as 0.21% of alcohol concentration) to the front road of the house B in the eluent City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the situation of driving without a license, and photographs related to the violation of the Road Traffic Act;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of the regulation of drinking driving;

1. The ledger of driver's licenses;

1. Records of judgment: Criminal history records, inquiry report (three times the driving record, two times the driving record without a license), three copies of summary order, three copies of summary order, and one copy of judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, whose driver’s license was revoked on February 8, 2012, had a history of driving under the influence of alcohol more than twice, and the nature of the offense is not less light, and the numerical value of blood alcohol concentration due to the instant drunk driving is very high.

In addition, the defendant has already been punished several times due to driving without a license (including a suspended sentence of imprisonment).