A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On August 8, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, etc. at the Daejeon District Court sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On March 28, 2018, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act. On October 29, 2020, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On September 3, 2020, the Defendant driven a NST3 car at the section of about 10km from the road located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the front road of 8 species cancer, Seongbuk-gu, Seoul, with a alcohol content of 0.172% while under the influence of alcohol without a driver's license on September 3, 2020.

As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant’s blood alcohol content was higher than 0.172% at the time of the instant crime on the ground of the sentencing of selective imprisonment with prison labor. At the time of the instant crime, the Defendant was in a state of high-level drinking, such as heavy snow and walking.

Since the defendant has increased significantly the risk of traffic accident by driving a motor vehicle while driving the motor vehicle at the above high level, the illegality of the crime is serious.

In particular, the Defendant committed a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on August 8, 2014, as before the judgment.