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

Punishment of the crime

【Criminal Power】 On August 28, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Goyang Branch of the Jung-gu District Court on March 28, 2012. On June 23, 2017, the same court was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act, and the said judgment became final and conclusive on July 1, 2017.

【Criminal Facts of Crimes】 On October 25, 2018, the Defendant driven a Cslova vehicle under the influence of alcohol concentration of about 0.167% without obtaining a driver’s license from the front of the Kusk Station located in Geum-dong, Kusk-si to the front of the same city B apartment, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing alternative to imprisonment with prison labor is against the defendant's wrong recognition, and the defendant was involved in a simple drinking or non-licensed driving without any particular human or material damage.

However, the defendant not only has been punished several times for the same crime but also has been punished for the same crime, and even during the suspension of execution due to the same crime, he/she has committed the crime without any reflection. It seems that the defendant has a significant lack of compliance spirit and safety awareness about traffic regulations, and that there is a high possibility of criticism as well as the risk of recidivism.

Furthermore, people exposed to the danger of drinking and unlicensed driving which are repeated without any awareness of any particular crime.