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

Punishment of the crime

[criminal history] On March 5, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving) in the Daejeon District Court's Support on the Incheon District Court on March 5, 2012, and was sentenced to a fine of KRW 5 million for the same crime in the same court on August 27, 2013. On April 20, 2020, the Defendant was sentenced to a fine of KRW 10 million for the same crime in the same court on April 20, and is currently pending in the appellate court trial.

[2] On November 7, 2020, the Defendant driven a Fro-durged vehicle under the influence of alcohol level of about 0.185% without obtaining a driver's license from the front of the “C” road located in Asan City B to the front of the “E” road located in Asan City, Asan City, and without obtaining a driver's license from around 5 meters.

Accordingly, the Defendant, while driving without a license, violated the prohibition clause on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The offender's place, the report of a traffic accident, the notification of the results of regulating the driving of drinking, the inquiry of the results of crackdown on the driving of drinking, the circumstantial statement of the driver under the influence of drinking, the ledger of vehicle driving licenses, the ledger of vehicle driving licenses, and photographs on the accident scene

1. References to inquiries, such as criminal history, reporting on the result of confirmation on the disposition, and the application of Acts and subordinate statutes to report on investigation (verification of the same type of power, etc

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act requires strict punishment for a crime that causes serious danger and injury to the life and body of others.

The amount of alcohol concentration in the measured blood is considerably high by 0.185%.

In the past, the Defendant has been under the influence of drinking and driving without a license on several occasions (five times in total). Above all, the Defendant was sentenced to a fine on one occasion during the period of suspension of execution due to a crime of interference with the performance of official duties.