A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On June 3, 2008, the Defendant was sentenced to a summary order of 500,000 won for a fine of 500,000 won for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 3, 2008; on November 5, 2013, the same court issued a summary order of 3 million won for a violation of the Road Traffic Act; and on October 21, 2014, the same court was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act.

On January 27, 2020, at around 20:11, the Defendant driven C Poter Cargo at about 8 km section from the roads near the Jeonsung-gun B market to the 190m section of the Southern Sea Highway at the same Gun, without obtaining a driver's license, and driving C Poter Cargo at about 0.139% under the influence of alcohol level, without obtaining a driver's license.

As a result, the defendant was driving a motor vehicle while under influence without obtaining a driver's license, in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 statutory punishment has been continuously aggravated due to the reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation and danger of drunk driving and changes in the legal sentiment of the public. The defendant has a history of criminal punishment four times due to drunk driving and licenseless driving, and in particular, even though he/she had a history of being sentenced to a two-year period of suspended sentence due to drunk driving and licenseless driving in 2014, he/she has been sentenced to a two-year period of suspended sentence due to drunk driving and licenseless driving.