A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 19, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act, etc. in the Western Branch of the Daegu District Court on April 19, 2012. On November 16, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to a suspended sentence of three years on November 24, 2018.

Nevertheless, at around 12:30 on September 5, 2019, the Defendant driven an E body-ray car without obtaining a driver's license in about 4km section from the front of the Defendant's residence in Ansan-si B to the front of D in the same city C, and under the influence of alcohol concentration of about 0.132%.

As a result, the defendant violated the regulations on prohibition of drinking driving twice, and at the same time, driving without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the results of regulating drinking driving, circumstantial statement of a drinking driver, fact-finding report, and investigation report (Attachment to the register of driver's license);

1. Previous records of judgment: Criminal records, etc. and the application of each written judgment and other statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense (to be punished by imprisonment after treating the same as the following);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (each of the crimes against drinking and unlicensed driving, and the crimes specified in the former shall be punished);

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was punished by the Defendant for the same kind of crime in the past several times, and recidivism during the period of suspended sentence was committed during the period of suspended sentence, and the level of drinking alcohol is very high at the time of crackdown.

In light of these criminal records, the circumstances of the crime of this case, drinking water, etc., sentence is inevitable.

On the other hand, the fact that the defendant recognized his mistake and is in profoundly against his will, is recently maternity, and the previous suspended sentence is sentenced.