A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court.

At around 20:50 on August 23, 2019, the Defendant did not obtain a driver’s license in a section of about 3 km from the Do in front of the Defendant’s residence to the front of D in the same military as C, and violated the provisions on the prohibition of drunk driving under the Road Traffic Act by driving Epoter freight with a blood alcohol concentration of about 0.102% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and computerized data (the ledger of driver's license, the vehicle inquiry, and the mandatory insurance association);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of the same kind of records to a suspect and a summary order), ten copies of judgment, and application of one summary order under 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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been punished for the same kind of crime including the power of three times of punishment, and even though he/she has a number of times of punishment, he/she repeats driving without permission. In light of the defendant's criminal power, the social risk of drunk driving, and the purport of the revision of the Road Traffic Act, which increases the statutory penalty, it is necessary to strictly punish

However, it is considered in favor of the defendant that the defendant reflects the mistake of the defendant, and community residents want to support the defendant's wife, that the defendant supports his father with open location and disability as the most favorable to the defendant, and the defendant's age, character, behavior, including the degree of the defendant's exploitation and movement distance.