A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 27, 2015, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On October 1, 2019, the Defendant, without obtaining a driver’s license on October 21, 2019, driven E-Poter truck from approximately 2 km from the front side of the Gwangju Mine Complex B apartment to the front road of the D Distribution Center located in the same Gu C, while under the influence of alcohol content of 0.088%.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of a summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the crime of drunk driving, and the defendant has been punished more than three times as well as the punishment as stated in the judgment of the court, and the defendant committed the crime of drinking without a license during the suspended execution period, which was sentenced to a suspended sentence of imprisonment by this court on November 2, 2017 due to the crime of bodily injury resulting from escape, etc., the defendant shall be sentenced to imprisonment with prison labor; however, the defendant is recognized to commit the crime; the defendant shall be sentenced to imprisonment with prison labor; the motive and background of the crime in this case; the degree of the crime in this case; the circumstances after the crime; the defendant's family relationship, health status, possibility of recidivism, and various conditions of sentencing as indicated in the judgment of the court