A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 23, 2018, the Defendant received a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court's branch court.

around 03:07 on February 9, 2020, the Defendant driven DK7 car from the 600-meter section from the front road of Seosan to the front road of the same city in the state of drunk alcohol concentration of 0.063%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

around 01:40 on April 18, 2020, the Defendant driven DK7 vehicles under the influence of alcohol content of 0.125% while under the influence of alcohol, without obtaining a driver’s license from the front side of “F” in E, “H” to the front side of “H” in G, and without obtaining a driver’s license from around 150 meters.

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. Notification of the results of the drinking driving control;

1. The circumstantial statement of each host driver;

1. Registers of driver's licenses;

1. Inquiries, such as criminal records, and the application of Acts and subordinate statutes on investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The Defendant committed each of the instant crimes even though the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has been prior to the same fine (one time each of sound driving and driving without a license).

Most of all, the defendant, on the first trial date, has been able to look at the father who is suffering from cerebrovascular, etc., and will not drive under the influence of alcohol in the future, and even drive under the influence of alcohol even after he or she has failed to do so.