A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On August 14, 2012, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court on August 14, 2012, and on March 16, 2018, the same court was sentenced to a suspended sentence of two months for a period of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

Although the Defendant had a history of drinking alcohol as stated in criminal records, around August 23, 2019, at around 20:30, the Defendant driven a car with a fluent alcohol level of 0.045% under the influence of alcohol without obtaining a driver’s license in approximately 700 meters from the front of the “C” main point in Yong-Namnam Cancer B to the front road of “E” located in the same GunD.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the crackdown on drinking driving, the ledger of driver's licenses for automobiles, and the disqualifications of the National Police Agency;

1. Previous records: Application of each of the Acts and subordinate statutes of one copy, including criminal records, etc., investigation reports (verification of the same kind of power and period of suspension of execution), summary orders, judgment, etc.;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant has already been subject to three suspended executions on three occasions, not only a majority of the records of punishment for driving without obtaining a license or driving under the influence of alcohol.

Moreover, even though the defendant is under the period of suspension of execution due to the same crime, he repeated a license without permission or drinking.

The above defendant's criminal records, possibility of recidivism, and social risks of drinking driving shall be sentenced to punishment, and records and arguments such as the age, character and behavior, environment, family relationship, etc. of the defendant, including the degree of the principal offender's drinking and the distance of movement.