A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On May 19, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court. On November 28, 2008, the Defendant issued a summary order of KRW 1 million as the same crime at the Suwon District Court on November 28, 2008, and on February 2, 2010, issued a summary order of KRW 2 million as the same crime at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

At around 10:40 on February 7, 2020, the Defendant driven a esch-ton sports car without obtaining a driver’s license, with approximately five meters of alcohol concentration of about 0.073% under the influence of alcohol, from the front side of the Gyeonggi-gu Incheon Metropolitan City B to the front road of the D Beauty Room located in the same Gu C.

Accordingly, the Defendant, in violation of the prohibition of driving a motor vehicle under the influence of alcohol not less than twice, was driving while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Report on the circumstances of driving without a license and report on the circumstances of driving without a license;

1. Previous for judgment: Criminal history records, the copy of the indictment, and the application of Acts and subordinate statutes of the summary order;

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 is that the instant crime is a case of drinking alcohol without a driver’s license, and considering the fact that the Defendant committed the instant crime while being investigated into a drunk driving, the Defendant’s liability is not somewhat weak, and thus, the sentence is inevitable.

However, the defendant stated that all the facts charged are recognized and against it.