A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Part of the facts charged shall be revised to the extent that it does not disadvantage the defendant's defense right.

On September 27, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. at the District Court of the Republic of Korea on October 27, 2013, and on July 24, 2019, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On January 5, 2020, the Defendant, without obtaining a driver’s license at around 21:19, operated C’s vehicle from the roads near the tin basin located in the 341, Nowon-gu, Seoul Special Metropolitan City, to the roads front of the Gurisi apartment, while under the influence of alcohol by 0.040%.

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. Statement by the defendant in court;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Statement of the results of the drinking driving control;

1. Statement of the status of the driver;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A) and Acts and subordinate statutes to criminal investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), has a record of being punished several times due to driving without a license for drinking alcohol even before.

On July 24, 2019, the Defendant was sentenced to two years of suspension of the execution on August 24, 2019 for the crime of violation of the Road Traffic Act, and the said judgment became final and conclusive on August 1, 2019, and is still under the influence of alcohol content 0.040% during the suspension period.