A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 18, 201, the Defendant was sentenced to a summary order of KRW 1.5 million at the Busan District Court for a violation of the Road Traffic Act, and on October 26, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

【Criminal Facts】

1. On October 23, 2018, the Defendant driven Done Star Co., Ltd. under the influence of alcohol content of about 0.154% from the section of about 500 meters from the vicinity of the building in Busan Dong-gu to the front of the same Gu, without a driver’s license, around 05:58, the Defendant was under the influence of alcohol with a blood alcohol content of 0.154%.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and simultaneously driven a motor vehicle without a driver's license.

2. Around 00:50 on November 13, 2019, the Defendant, without a vehicle driver’s license, driven a H car from the near Fwing Station located in Busan Dong-gu to the front day of the same Gu from around 200 meters away from the Fwing Station in Busan Dong-gu to the front day of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of each copy of judgment to Acts and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutually between the crimes of violation of each Road Traffic Act referred to in paragraph (1) at the time of marketing);

1. Of concurrent crimes, there are favorable circumstances in which the defendant's reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act appears to have committed the crime of this case, but the defendant was before two suspended executions.