A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On March 5, 2010, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act (driving). On July 17, 2019, the Defendant appealed a fine of KRW 6 million from the Busan District Court’s branch branch, which was sentenced to a violation of the Road Traffic Act (driving) and is still pending in the appellate trial.

【Criminal Facts】

On July 6, 2019, the Defendant, who was punished for drunk driving as above, driven a vehicle B with low alcohol without obtaining a driver's license in the section of approximately five meters, 0.121% of blood alcohol concentration, in front of the Taedae Park Tae-gu, Busan, Tae-do, Busan, about 834 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and register of driver's licenses;

1. Records before and after judgments: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of statutes governing judgment;

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 the facts constituting an offense;

1. The reason for sentencing under Articles 40 and 50 (Selection of Imprisonment) of the Criminal Act is that the defendant confessions the crime and repents his mistake. However, the defendant, while driving a separate trial due to drinking, re-driving under the influence of alcohol without a license during the separate trial, the defendant's degree of alcohol concentration at the time of committing the crime is high, and the defendant's age, criminal records, etc. are considered to be sentenced as per the disposition.