A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On December 5, 2017, the Defendant was sentenced to two years of suspension of the execution of ten months of imprisonment with prison labor for violating the Road Traffic Act, etc. at the wooden Branch of the Gwangju District Court on December 5, 2017, and the judgment was finalized on December 13, 2017.

【Criminal Facts】

Although the Defendant had the aforementioned force of driving under influence, the Defendant driven a motor vehicle with a fluent alcohol level of 0.056% under the influence of alcohol without obtaining a driver’s license from the section of the section of 500 to the section of the e elementary school located in Sinpo City D from the front of C in Sinpo City B around November 29, 2019 to the front road in Sinpo City D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the report on the circumstances of a drinking driver, the investigation report, the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous records: Criminal records and other inquiries, investigation reports (Attachment to criminal cases against a suspect's case (related to sound driving), court rulings, and application of three other 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to a two-time fine and a one-time suspended sentence of imprisonment with prison labor on three occasions only in 2017; (b) the Defendant repeated his/her criminal records; (c) the Defendant’s social risk of drunk driving; and (d) the purpose of the amendment of the Road Traffic Act, the statutory penalty of which is raised, it is necessary to strictly punish the Defendant.

However, it includes the fact that the defendant does not have any other criminal power except the above punishment power, that the blood alcohol concentration is low, and that the drinking driving is not caused by traffic accident, and that the defendant reflects the mistake.