A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court on December 29, 2009, and was sentenced to a fine of three million won for the same crime at the same court on January 16, 2012, and was sentenced to a fine of three million won at the same court on July 18, 2013, and was sentenced to a fine of five million won for the same crime at the same court on July 18, 2013. On August 21, 2020, the Defendant was sentenced to a suspended sentence of three years for imprisonment with labor for the same crime at the same court on August 29, 2020 and the said judgment became final and conclusive on August 29, 202

On July 27, 2020, the Defendant, while under the influence of alcohol at 0.076% of blood alcohol level around 22:19, operated a B-learning car without a driver’s license from the front of a restaurant located in the trade name and west-dong, Sungnam-dong, Sungnam-dong, to the roads located in the same city of the Dong-gu, Daejeon-dong, Seonam-dong.

As a result, the defendant violated the prohibition of drinking driving more than twice, and driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest report on occurrence of the case, circumstantial report on the driver without a license, circumstantial report on the driver without a license, circumstantial statement of the driver without a license, investigation report (report on the circumstances of the driver with a license), notification of the results of the crackdown on drunk driving, and inquiry into the facts;

1. The register of driver's licenses, and making inquiries into the car register;

1. Drinking control photographs;

1. Previous records: Criminal records, investigation reports (report on the results of confirmation before and after disposition, report on the confirmation of a suspect's trial), consolidated case search and inquiry, judgment, and application of summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Reduction of punishment following concurrent crimes: (a) the former part of Article 37, Article 39(1) of the Criminal Act among concurrent crimes; (b) Articles 38(1)2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments for concurrent crimes) of the Criminal Act; (c) Articles 38(1)2 and 50 of the same Act.