A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On August 27, 2010, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act at the Jeonju District Court, which was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act. ② On January 6, 2011, the same court was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act. ③ On July 21, 2015, the Jeonju District Court was sentenced to a imprisonment of 1 year and 6 months for the crime of violating the Road Traffic Act and a suspension of execution.

【Criminal Facts】

On February 18, 2019, at around 20:47, the Defendant driven a D Poter truck under the influence of alcohol concentration of 0.205% without obtaining a driver’s license, from the front of the Southern City Village B to the roads adjacent to the Namwon-si, Namwon-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Photographs taken at the time of drinking control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for discretionary mitigation”)

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. Determination of sentence: Determination of sentence: Taking into account the following circumstances in the period of eight months of imprisonment, taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, as well as various factors of sentencing as shown in the arguments in the instant case, including the circumstances after the crime.