A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

In Gwangju District Court, on August 21, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) on February 5, 2010, a fine of 4 million won for a violation of the Road Traffic Act (driving) on February 5, 201, and a fine of 2 million won for a violation of the Road Traffic Act (driving) on April 11, 2017, and the Defendant was sentenced to a summary order of 2 million won on April 9, 2019, and the execution of the sentence was terminated on April 8, 2020.

On June 21, 2020, while under the influence of alcohol 0.084% without a driver's license on June 16, 2020, the Defendant driven a DNA-purd vehicle from the front of the Seo-gu Hospital located in Gwangju, Seo-gu to the front of the Pungam reservoir located in the same Gu.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Report on the detection of a suspect suspected of violating the Road Traffic Act (driving, driving without a license) in the defendant's statutory statement;

1. The circumstantial statement of the employee;

1. Report on the situation of driving without a license as a result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes on the acceptance status of individuals;

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. Considering that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are several times the defendant with the same criminal records of drinking and driving without a license, and that the defendant recommits the crime of this case during the period of repeated crime due to the same crime, choice of imprisonment is inevitable.

In this context, blood alcohol concentration at the time of committing the instant crime, the background leading up to the drinking and unlicensed driving, and drinking.