A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 17, 2016, the Defendant, at the Daejeon District Court, was sentenced to a suspended sentence of 2 years for the crimes of violation of the Road Traffic Act, etc., on December 13, 2019, driving a D low-speed car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.067% without obtaining a driver’s license, from the roads in which it is located in Seo-gu Daejeon to the “C” located in B, Seo-gu, Daejeon to December 13, 2019.

As a result, the Defendant was driving the said car without obtaining a driver's license from a person who has violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results thereof, report on the circumstances of drinking drivers and written records of the control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (driving and re-offending without a license), and application of statutes governing judgment;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years;

2. Determination of sentence: A sentence of imprisonment with prison labor for one year is divided in depth by the defendant, the blood alcohol concentration at the time is relatively high, the distance of operation is not long, and circumstances favorable to the defendant such as circumstances in which accidents have not occurred frequently are recognized.

However, the crime of this case was committed by the defendant while the defendant was punished for a drunk driving, and it was also conducted a drunk driving, the danger and harm of a drunk driving is serious, and the defendant is driving under the influence of alcohol.

In addition, the crime of this case is committed in spite of the enemy who was sentenced to suspended sentence due to the fact that he escaped from the accident.