Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[Criminal Power] On October 30, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Monthly Support on October 30, 2007, and on September 11, 2018, the Defendant was sentenced to a suspended sentence of 1 year for the same crime, and the said judgment became final and conclusive on September 19, 2018.

【Criminal Facts】

On March 5, 2019, the Defendant, as a person who violated the prohibition on drinking under the Road Traffic Act two or more times, driven a motor vehicle in Etemec with the alcohol concentration of 0.240% under the influence of alcohol without obtaining a driver’s license within approximately 300 meters until he/she returned to the Defendant’s residence after going through D’s residence located in Pyeongtaek-gun B, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. A previous conviction: An inquiry report and an investigation report (the confirmation of a crime during the period of suspension of execution twice the main driving force and the period of suspension of execution) shall apply to the statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences: Imprisonment with prison labor for one year to three years;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, without having obtained a driver’s license, driven a car while under the influence of alcohol with a degree of 0.240% alcohol level of 0.240%.

Defendant had been sentenced to a fine of KRW 4 million on October 30, 2007 due to a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of two years on September 11, 2018 due to a crime of violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver’s License). However, the Defendant committed the same kind of crime during the suspended sentence of two years even though he was sentenced to a suspended sentence of two years.