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

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 17, 2015, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court due to the violation of the Road Traffic Act.

On October 17, 2019, at around 08:21, the Defendant driven a motor vehicle with DNA alcohol concentration of about 0.071% while under the influence of alcohol without obtaining a driver's license from around 7 km to the three-dimensional distance from the front side of the Gangwon-gun, Gangwon-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driving, notification on the results of the control of drinking driving, alcohol measurement photographs, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes attached thereto;

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;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment for a period of one year to two years;

2. Scope of Recommendation: The Defendant, without a driver’s license, driven a car at 7 km level while under the influence of alcohol concentration of 0.071%.

In addition, the defendant was punished for a fine of three million won due to drinking driving in 2015.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.