A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 28, 2015, the Defendant was sentenced to a summary order of KRW 3,50,000 to a fine of KRW 3.5 million for a violation of the Road Traffic Act, etc. on December 12, 2016, a summary order of KRW 4 million for a violation of the Road Traffic Act, etc. at the same court on December 12, 2016, and on July 13, 2017, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act.

On September 1, 2019, at around 18:47, the Defendant, without obtaining a driver’s license from around 3.7km section from around 18:47, in front of his own residence, to the front of D, located in Net City B, to D., and without obtaining a driver’s license, driving of about 50c tex, which was not covered by mandatory insurance, while under the influence of alcohol concentration of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Notification of an investigation report (related to notification of the error without registration) and the detection of the error without registration;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to previous records and written judgments, etc.), and application of three copies of written judgments;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the crimes of Violation of the Road Traffic Act and the violation of the Guarantee of Automobile Accident Compensation Act which are heavier between the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act.