A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On March 22, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Young-gu District Court's Young-gu branch on February 28, 201, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Sungnam branch of the Suwon District Court on February 28, 2014. On June 16, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

【Criminal Facts】

On September 25, 2019, at around 23:17, the Defendant driven a vehicle with C low-speed without obtaining a driver’s license, while under the influence of alcohol leveling 0.132% in the section of about 19km from the influence of the Sincheon-si to the front of the Sinnam-gu Seoul Special Metropolitan City B.

Accordingly, the defendant, in violation of Article 44 (1) of the Road Traffic Act at least twice, driven a motor vehicle without obtaining a driver's license in the state of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. 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 a very high crime that may infringe on the life and property of others as well as its own. Therefore, it is necessary to strictly punish a person.

In this case, the defendant's blood alcohol concentration is relatively high, and the defendant again committed the crime in this case at the time when 3 years have passed since the date of the suspended sentence due to the violation of the Road Traffic Act in 2016 and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.