A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On June 25, 2019, the Defendant was sentenced to a suspended sentence of two years on July 3, 2019 to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s branch court’s support on July 25, 201 and the said judgment became final and conclusive.

【Criminal Facts】

On June 14, 2019, the Defendant, without obtaining a driver’s license at around 20:40 on June 14, 2019, driven a D Poter II truck at a section of about 15 km from the front side of the B B in the state of drunk alcohol concentration of 0.092%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A copy of the usage register of drunks;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, replys to criminal records, investigation reports (verification of the same criminal records as a suspect), investigation reports (reports on confirmation of final judgment against the accused) Acts and subordinate statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. In light of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Act on the Handling of Concurrent Crimes, the reason for the sentencing, driving distance, the records of the previous criminal acts committed by the defendant [the fine of 700,000 won in 202, the fine of 1 million won in 2003, the suspended sentence of 2003], and the records of the previous criminal acts committed by the defendant, the defendant, in particular, is sentenced to imprisonment with prison labor for the defendant at least four days prior to the date of the closing of argument, even though the defendant was tried by the court as a drunk driving.

When a defendant is tried together with a case in which he/she has rendered judgment, he/she shall be equal to the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.