A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On April 21, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Jeonju District Court’s Jeonju Branch’s Support, and on October 27, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime from the Gunsan Branch of the Jeonju District Court’s Military Demarcation, and on May 16, 2019, the Defendant was sentenced to a suspended sentence of KRW 1 year and 6 months for the same crime.

【Criminal Facts】

On November 17, 2019, at around 07:05, the Defendant driven a Dan Kaba in the state of under the influence of alcohol with a 0.050% alcohol concentration without obtaining a driver’s license from the section of approximately 1km from the front of the Han-ro 37 of the same Eup/Myeonan-gun, Jeollabuk-do.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual survey report and the on-site evidence of a traffic accident;

1. Registers of driver's licenses, and car4;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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 (i.e., the negative values, and the fact that the person himself/herself is significantly different) was that the Defendant, on Nov. 17, 2019, driven a vehicle for returning home after drinking alcohol at a 4-clock range on Nov. 17, 201, and driving the vehicle for two hours.