A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On June 12, 2009, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on July 13, 2009; on July 13, 2009, to a fine of KRW 700,000 for the same crime; on January 15, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Northern District Court on May 10, 2018; and on May 18, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 18, 2018.

On November 5, 2019, at around 09:16, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 0.097% without obtaining a driver’s license from the front side of Daejeon Seo-gu, Daejeon to the front side of the Dahbuk-gun, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. 112 Reporting case handling table; and

1. Previous convictions: Report on the results of inquiry, report on the results of confirmation of the previous dispositions and the previous dispositions, summary order (Seoul Eastern District Court Decision 2009No. 4146), summary order (Seoul East Eastern District Court Decision 2009No. 12121), written judgments (Seoul Northern District Court Decision 2009No. 3914), court rulings (Seoul Northern District Court Decision 2018No. 569) and application of Acts and subordinate statutes;

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant crime reaches 0.097%; and (b) the degree of his blood alcohol content at the time of the instant crime is not less than 0.097%; and (c) the distance of drinking and driving without license is a long distance of 77km, so the illegality of the instant crime is significant.

(b).