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

Punishment of the crime

On March 21, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving), etc. at the Busan District Court's branch court's Busan District Court's branch court's order on July 8, 2013, and was sentenced to a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving). On March 17, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months and suspension of execution for a violation of the Road Traffic Act (driving) at the Busan District Court's branch court's Busan District Court's Busan District Court's branch court'

On October 24, 2019, at around 00:42, the Defendant driven a B-learning car with a blood alcohol concentration of 0.169% without obtaining a driving license from around 10km to the front road of the Korean Red Cross, Hongsung-gun, Hongsung-gun, Hongsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. License register;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Serious punishment is inevitable in light of the unfavorable circumstances, such as the fact that three previous crimes, including the case, were punished as a suspended sentence of imprisonment for the reason of sentencing for the reason of sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2009Da14489, Apr. 2, 2009).

The punishment shall be determined by the order, taking into consideration the favorable circumstances such as the violation of this, the fact that there is no accident caused by the crime, the fact that there is no record of punishment by imprisonment, and the fact that social ties are clear.