A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 25, 2019, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act by the Suwon District Court. On July 25, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violation of the Road Traffic Act in the same court on July 25, 2008, and on November 30, 2018, the same court issued a summary order of KRW 2 million as a fine for a crime of violation of the Road Traffic Act.

On December 28, 2019, at around 21:00, the Defendant driven an E-high-speed car under the influence of alcohol concentration of 0.046% without obtaining a driving license from around 150 meters from the front road in Suwon-si, Suwon-si, to the front road of the same Gu D apartment.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the situation of driving without a license;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (former and current Acts and subordinate statutes);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, whose driver’s license was revoked on July 8, 2019, has a record of driving under the influence of alcohol, and that the Defendant re-licensed without a license or driving under the influence of alcohol, and the nature of the relevant crime is not weak.

The defendant has already been punished for three times due to drinking driving, and on July 25, 2019, he was sentenced to a suspended sentence for ten months by the Suwon District Court for the violation of the Road Traffic Act.