A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] The Defendant was issued, at the Gwangju District Court, a fine of one million won on March 7, 201, and a fine of 1.5 million won on February 12, 201, and a fine of 1.5 million won on February 12, 2016, respectively, at the Gwangju District Court, and was sentenced to a suspended sentence for eight months on August 25, 201.

【Criminal Facts】

On March 30, 2020, the Defendant, without obtaining a driver's license at around 21:50 on March 30, 2020, driven the Eland 100 meters from the roads adjacent to the Gwangju Northern-gu Seoul Northern-gu D, with a blood alcohol level of 0.145% alcohol level.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and 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 sentencing of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is based on the following factors: (a) the Defendant had three times the criminal records of the same kind of driving without a license; and (b) the Defendant had four times the same criminal records of driving without a license; (c) in particular, the Defendant again performed drinking and driving without a license since the period of probation of imprisonment imposed on August 25, 2016 was too much long; (d) the Defendant was punished by a fine for driving without a license on two occasions immediately before the instant crime was committed; and (e) the degree of blood alcohol concentration at the time of the instant crime was considerable.