A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 5, 2008, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on August 5, 2008; ② on March 21, 2012, the Seoul Eastern District Court issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act; ③ on December 13, 2012, on December 13, 2012, the Defendant was sentenced to a summary order of KRW 10 million, respectively.

【Criminal Facts】

On June 23, 2020, the Defendant, while under the influence of alcohol of 0.170% at blood alcohol level without obtaining a driver’s license on June 23, 2020, driven Chodo car at approximately 1.1km from the roads near the hill Station located in Gangnam-gu Seoul to the front road of Gangnam-gu Seoul.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven the said vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report, report on the circumstances of a drinking driver, report on the driver’s circumstantial statement, and report on the results of the control of drinking driving, the register of driver’s licenses;

1. Previous records of judgment: Criminal history records, inquiry reports, criminal investigation reports (Attachment to judgments, etc.), judgment, application of Acts and subordinate statutes governing summary orders;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation may cause serious harm to the life, body, and property of others, and the defendant has been punished several times due to drinking driving, etc.