A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On May 27, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on May 27, 2009. On October 22, 2010, the Seoul Central District Court sentenced him/her to imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 22, 201, and on December 21, 2012, the Defendant was sentenced to five years of imprisonment for a special robbery in the Jeonju District Court’s military mountain support on December 21, 2012, and completed the execution of the sentence in the Kyungbukbukbuk Branch’s prison on September

【Criminal Facts】

1. On April 10, 2019, at around 19:15, the Defendant: (a) opened a driver’s seat that was parked on the front side of the parking lot located in Seo-gu in Gwangju, Seo-gu; (b) opened a car into the car, and used a smart key that was kept in custody, thereby cutting off the said car at the market price of KRW 20 million owned by the victim D.

2. On April 10, 2019, around 19:15, the Defendant driven the said vehicle under the said paragraph (1) while under the influence of alcohol content of about 0.253% without obtaining a driver’s license from the street side of the parking lot in Seo-gu, Seo-gu, Gwangju to around 22:22 on the same day.

Accordingly, the Defendant, without obtaining a driver's license, driven a car under the influence of alcohol more than twice, and once again driven a car under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. A F-site operational distance table;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.