A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On August 25, 2017, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the Incheon District Court's Branch Branch of Incheon District Court on August 25, 2017, and on August 20, 2019, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act (Free Driver).

【Criminal Facts】

On January 18, 2020, the Defendant, without obtaining a driver’s license on January 18, 2020, driven Efachi on a road with approximately 300 meters section from Kimpo-si B (hereinafter “Efachi”) to D in the same city, while under the influence of alcohol by 0.122%.

As a result, the defendant has operated a motor vehicle at the same time without a driver's license at the same time in violation of the Road Traffic Act (driving).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 reported case handling table;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Previous records of judgment: Criminal history records, investigation reports (verification reports on the same type of crime records and criminal records during the period of suspension of execution), each summary order, written judgments (2019 order, 1661) and the application of 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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

The reason for sentencing is that the defendant, who has a record of driving under the influence of alcohol on five occasions and has a record of driving under the influence of driving under the influence of alcohol on four occasions, has a driving under the influence of driving under the influence of alcohol without the license, and the quality of the crime is not less severe

The defendant is subject to suspended execution for the same crime as the crime of this case.