A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On November 10, 2017, the Defendant sentenced the Suwon District Court to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence on January 30, 2018.

On December 16, 2018, at around 01:30, the Defendant driven an E-motor vehicle without obtaining a driver's license in the state of alcohol concentration of approximately 0.116% in the section of approximately 3.3km from the Macheon City Babur to the front roads of Macheon City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant, prior to the reason for sentencing Article 35 of the Criminal Act, has been punished several times, including imprisonment with prison labor due to drunk driving and unlicensed driving.

In particular, after the Defendant was sentenced to imprisonment for four months for driving without a license in 2017 and the execution of the sentence has been completed, the Defendant committed the instant crime of which the Defendant, while driving without a license and license for driving under the blood alcohol concentration of 0.116% during the period of repeated crime.

The defendant shall not have obtained a driver's license once.

However, the fact that the defendant is recognized as committing a crime, that the defendant has no record of punishment for drinking driving at least after 2009, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.