A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant was issued a summary order of KRW 1.5 million on May 25, 2012, a fine of KRW 1.0 million on October 14, 2013, and a fine of KRW 6 million on January 29, 2016 in the Changwon District Court's Jinju branch, and on October 16, 2019, the same court was sentenced to 8 months of imprisonment and 24 years of suspension of execution on October 24, 2019.

1. On October 17, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driven a CFD car while under the influence of alcohol of about 0.048% of the blood alcohol concentration without a vehicle driver’s license, at the section of approximately 8.5km to the road front of the port of delivery, which is located in the 635 km from Sacheon-si B apartment at Sacheon-si to Sacheon-si (Sacheon-si).

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said car without mandatory insurance at the date and place under Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses and mandatory insurance;

1. Previous convictions: Criminal history records, investigation reports (verification of the same criminal records), reports on the results of confirmation of the previous dispositions, reports on the results of confirmation, judgments, and summary orders, shall be applied to statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, and choice of imprisonment;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: The execution of imprisonment with prison labor for the same crime even though he/she has been punished several times due to the driving under influence of alcohol due to the reasons under Articles 53 and 55(1)3 of the Criminal Act;