A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On March 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court. On January 9, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court. On September 3, 2012, the Defendant was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on July 20, 2017, the judgment became final and conclusive on July 28, 2017.

【Criminal Facts】

On April 23, 2019, the Defendant driven an Ebridged vehicle without obtaining a driver's license in the section of about 2km from the G apartment road in Gwangju Mine-gu to the D store near Gwangjubuk-gu, without obtaining a driver's license, while under the influence of alcohol concentration of about 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of two copies of judgment and three copies of summary order Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act and Article 43 of the same Act concerning criminal facts, and Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The sentence of imprisonment is to be imposed in light of the fact that the defendant had been punished several times for a drunk driving crime as stated in the judgment of the court below, as well as the fact that he committed the crime of this case during the period of probation. However, considering the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's family relationship, the health condition, and the possibility of recidivism, the punishment shall be determined as ordered by taking into account the various conditions of sentencing as shown