A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 2, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on November 2, 2015, and on August 22, 2018, the Defendant was sentenced to a suspended sentence of KRW 1 year of imprisonment with prison labor for the same crime in the same court on August 30, 2018, and the said judgment became final and conclusive on August 30, 2018.

around 22:00 on December 14, 2019, the Defendant driven a C Tti-gu car while under the influence of alcohol concentration of about 0.113% without obtaining a driver’s license for a vehicle with approximately 10 meters in front of Seocheon-si B.

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

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. The circumstantial statement of the employee;

1. License register;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the facts during the current suspension of execution) and other Acts and subordinate statutes;

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished twice due to drunk driving and once due to unlicensed driving.

In particular, the Defendant committed the instant crime of driving a motor vehicle under the influence of 0.113% of the blood alcohol concentration without obtaining a driver's license even though he/she was sentenced to a suspended sentence of one year for the crime of violating the Road Traffic Act (driving) on August 22, 2018, which was sentenced to a suspended sentence of three years.

The crime of this case caused an accident that causes a vehicle parked on the road due to the instant crime.

The distance between the above drinking driving force and the amount of each blood alcohol content, and the defendant's drinking driving in 2015 and 2018, and the case.