A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On May 8, 2009 and August 24, 2015, the Defendant received a summary order of a fine of three million won and a fine of five million won, respectively, for each of the crimes of violation of the Road Traffic Act, from the Gwangju District Court. On December 13, 2018, the Defendant was sentenced to a suspended sentence of three years for one year of imprisonment with prison labor for the same crime in the same court, and was sentenced to a suspended sentence of three years on December 21, 2018.

【Criminal Facts】

On May 7, 2019, at around 23:15 and around 0.077% of blood alcohol concentration, the Defendant, without obtaining a driving license, driven a DNA car at the section of approximately 400 meters from the south-gu B market in Gwangju to the front of the same Gu C, without obtaining a driving license.

As a result, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, once again conducted a drunk driving in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Criminal records: An inquiry letter, each summary order, and application of court rulings or statutes;

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

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. The reason for sentencing choice of sentence of imprisonment with prison labor lies in a large number of criminal records, and the criminal records of causing traffic accidents while driving without obtaining a license are also subject to suspended sentence of imprisonment with prison labor for the reason of escape.

In addition, as seen in the criminal records of the judgment, the defendant has already been punished three times due to drinking driving, and even though the probation period is currently being suspended, the defendant was also under the influence of driving without drinking.