A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 10, 2010, the Defendant was sentenced to a fine of KRW 5 million for the crime of violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site, etc. on April 7, 2017, and a fine of KRW 3.5 million for the same crime on April 7, 2017, respectively. On September 23, 2019, the Defendant was sentenced to imprisonment of KRW 8 months with labor for special intimidation at the Suwon District Court’s Suwon District Court for 8 months and 2 years of suspended execution, and the said judgment became final and conclusive on October 1, 2019, and is still under the period of suspended execution.

【Criminal Facts】

On April 20, 2020, at around 00:55, the Defendant driven a motor vehicle with a 1km section from the front of Pyeongtaek-si B to the front of the D Hospital located in the same city C without a driver's license, while under the influence of alcohol level of about 0.116% with a blood alcohol level of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, report on the situations of driving without a license, report on the control of driving without a license, report on the circumstantial statements of a drinking-driving driver, investigation report, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and investigation reports (the same kind of power and the fact that the period of milk gathering is in progress)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of violation on not less than twice the regulations prohibiting the driving of sound signals), subparagraph 1 of Article 152, and Article 43 of the same 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects his mistake, disposes of the vehicle, and the family and branch members want to have the favorable circumstances for the defendant.

However, it is necessary to strictly punish the drunk driving because it is a very high risk of infringing the life and property of others as well as itself.

The defendant was punished for driving under the influence of alcohol in 2010 and 2017, and in the case of 2010, he causes a traffic accident while driving under the influence of alcohol.