A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

[criminal power] On September 14, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court, and on February 13, 2009, to a summary order of 5 million won for a violation of the Road Traffic Act (Refusal of measurement) at the same court. On October 30, 2018, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) by the same court.

【Criminal Facts】

On November 22, 2019, the Defendant, without a driver’s license, driven a ENAS car at a section of about 200 meters in front of D on a nearby road in the ethic City B while under the influence of alcohol of 0.074%, without a driver’s license.

As a result, the Defendant was driving a motor vehicle without a driver's license without a driver's license and violated the regulations on prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking-driving, and notification on the control of drinking-driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reaches seven times (including a suspended sentence of imprisonment) the Defendant was subject to criminal punishment due to a drunk driving, and the Defendant was also subject to punishment several times for a non-licensed driving. Lastly, even if the Defendant was subjected to a suspended sentence in 2018, he was under a suspended sentence, and was under a non-exclusive license even during the period of the suspended sentence.

As such, the Defendant appears to have a law-abiding spirit or safety awareness about traffic regulations, and due to this, it is very bad that the crime is committed in that citizens were able to suffer human life and property damage.