A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 20, 2017, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the District Court of Jung-gu on March 20, 2017, and on December 18, 2019, the Defendant was sentenced to a suspended sentence of three years for imprisonment with labor for the same crime in the same court on December 18, 201, and the said judgment became final and conclusive on the 2

On January 20, 2020, at around 22:39, the Defendant driven a Fpoter II cargo vehicle with approximately 300 meters alcohol concentration without obtaining a driver's license from the front of the C in Sacheon-si B to the front of the E restaurant located in Sacheon-si D, and without obtaining a driver's license from around 300 meters, while under the influence of alcohol content of 0.037%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing, and the report on the state of the driving under drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of the facts during the current suspension of execution);

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 the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. It is recognized that the Defendant’s blood alcohol content as 0.037% at the time of the instant decision of sentence was relatively low, the Defendant’s wife wanted to have the Defendant’s wife and the Defendant’s family members should support.

However, the defendant's crime of violation of the Road Traffic Act (driving) around 2017, and each of them around April 2018 and November 2018.