A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 9, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu.

On October 30, 2019, the Defendant driven an E Lastren motor vehicle under the influence of alcohol content of 0.145% while under the influence of alcohol without obtaining a driver’s license until the front road of the Defendant located in the same military C, located in the front of the said military base, at KRW 23:17, 2019.

As a result, the Defendant violated the prohibition of drinking without obtaining a driver's license for a motor vehicle and two times or more.

Summary of Evidence

The police suspect interrogation protocol against the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Report (in relation to the on-site conditions) on the vehicle driver's license ledger, investigation report (specific to the date, time and section of the crime), investigation report (in the case where the suspect's vehicle stopped), investigation report (in the case of the site conditions of the suspect's vehicle), investigation report (in the case of the reporter's telephone conversations);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of summary order to the same type of power);

1. Selection of imprisonment with prison labor as provided for in Articles 148-2(1) and 44(1) of the Road Traffic Act for the crime at issue, Article 152 Subparag. 1 and 43 of the Road Traffic Act for the ordinary concurrent crimes; Articles 40 and 50 of the same Act for the crime at issue;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant committed the instant crime of driving a motor vehicle without a driver’s license, even though he/she was punished by a fine due to a violation of the Road Traffic Act (driving) on May 9, 2019.

At the time of the crime of this case, both the alcohol concentration in blood was higher than 0.1%.

Drinking driving is a crime threatening to the life or body of himself/herself and others, and it is necessary to punish it strictly.

The motive and background of the crime, including the above circumstances, and the method and consequence of the crime.