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

Punishment of the crime

[criminal power] On March 4, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court due to a violation of the Road Traffic Act (driving). On April 9, 2010, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court due to a violation of the Road Traffic Act (driving). On November 16, 2017, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months by imprisonment for a violation of the Road Traffic Act (driving) at the Gwangju District Court.

【Criminal Facts】

1. Around November 8, 2019, the Defendant violated the Road Traffic Act (non-licensed driving) driving around November 17, 2019, the Defendant driven a DSS5 vehicle without obtaining a driving license from around 5 km section from the roads near Gwangju Northern-gu B to the roads near Gwangju Northern-gu C, without obtaining a driving license.

2. On November 11, 2019, the Defendant, around 23:05, driven a DNA SM5 vehicle under the influence of alcohol content of 0.120% without obtaining a motor vehicle driver’s license on the section of approximately 500 meters from the road near the F cafeteria located in Gwangju Northern-gu, to the road near the H Hospital located in Gwangju North-gu, to the H Hospital located in Gwangjubuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of running a sound driving) of the same Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the case where the defendant was punished several times as stated in the criminal records on the crime of drunk driving, etc. but also the case where a suspended sentence of imprisonment is rendered.