A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 20, 2008, the Defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act, etc. at the Sungnam Branch of Suwon District Court on November 1, 2017, and on November 18, 2017, the Defendant was under suspension of execution two years for a suspended sentence of eight months for a crime of violation of the Road Traffic Act (non-license) at the leisure branch of Suwon District Court on November 18, 2019, and was sentenced to two years for a suspended sentence of eight months for a suspended sentence of eight months for a violation of the Road Traffic Act (non-exclusive license) at the leisure branch of Suwon District Court on November 26, 2019.

【Criminal Facts】

On May 11, 2020, at around 22:32, the Defendant driven a C Poter II cargo vehicle without obtaining a driver’s license in the state of alcohol concentration of approximately 0.043% from the 10km section in front of the Seocho-gu Seoul Special Metropolitan City to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking-driving, and notification on the control of drinking-driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, probationary records, investigation reports (verification of the records of sound driving and the facts of suspended execution);

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reaches two times the past records of criminal punishment due to drunk driving (including a suspended sentence of imprisonment), and the defendant was punished several times for non-licensed driving. Finally, even if he was sentenced to a suspended sentence in 2019, he was sentenced to a suspended sentence, the defendant was also in the state of non-licensed license during the period of probation.