A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was sentenced to a fine of three million won by the Ulsan District Court on June 28, 2017 for the violation of the Road Traffic Act (driving).

At around 01:40 on June 26, 2019, the Defendant driven an Epoter 2 cargo vehicle while under the influence of alcohol leveling 0.155% at a section of about 500 meters from the C parking lot located in Yangsan-si B to the front road of the same city D.

Accordingly, the defendant was driving under drinking not less than twice.

On June 28, 2017, the Defendant was sentenced to a summary order of KRW 3 million by the Ulsan District Court for the violation of the Road Traffic Act (driving). On August 22, 2019, the Defendant was charged with non-detained on the same court on August 22, 2019.

Accordingly, the driver's license of the defendant was revoked on September 3, 2019 and was in the state of non-license at the time.

On September 15, 2019, at around 07:32, the Defendant driven an I Poter Ⅱ while under the influence of alcohol concentration of about 0.116% without obtaining a driver's license from G nearby G, which is located in the F in Yangsan City, to the front road of H apartment in the same city.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at least twice, violates Article 44 (1) of the Road Traffic Act.

Summary of Evidence

"2019 Highest 2998"

1. Defendant's legal statement;

1. Report on the result of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. An inquiry report on criminal records, etc. and an investigation report (verification of the same kind of force);

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Inquiry reports, such as criminal records, investigation reports (report attached to the same type of power decision, etc.), summary order decisions, and the application of a copy of indictment under statutes;

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. Commercial concurrence;