A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 16, 2015, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on December 16, 2015, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Daegu District Court on August 14, 2019.

Although the Defendant had a record of violating the provision prohibiting drinking driving, on August 29, 2020, at around 19.8 meters, the Defendant driven G Poter in a state of under the influence of alcohol alcohol concentration of about 0.185% without obtaining a driver’s license from the section of 19.8km to the front of the F Hospital located in E via the D convenience store located in the same military C.

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

Summary of Evidence

1. Legal statement, report on the occurrence of traffic accidents, actual condition investigation report and on-site photographs of defendants;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the control results of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a confirmation during the same type of stay of execution and a previous conviction for drunk driving and attachment of judgment);

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The sentencing factors indicated in the pleadings of the instant case, including the following circumstances for discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act and other factors such as Defendant’s age, environment, character and conduct, motive and conduct of crime, means and consequence of crime, etc., shall be determined in full view of the sentencing factors indicated in the arguments of the instant case.

The favorable circumstances: The defendant recognized his mistake and divided.

A extenuating circumstance: The defendant is a drunk driver.