A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On November 10, 201, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on November 10, 201, and on June 14, 201, the Defendant was sentenced to a suspended sentence of 2 years for a year of imprisonment with labor for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on June 14, 2017.

【Criminal Facts】

On June 27, 2019, at around 07:20, the Defendant driven a B Twork XG car without obtaining a driving license from around 20km section from Kim Jong-si to 140 U.S., Seoul-si, Seoul-do, to 140 U.S., and without obtaining a driving license, while under the influence of alcohol of about 0.116% in blood alcohol concentration.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of each accident site;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is punished for the same kind of crime, and the crime of this case is committed by the failure to reach the expiration of the period of suspension of execution for the same kind of crime. The defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all the conditions of sentencing as shown in the argument of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, shall be determined by taking into account