A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 7, 2019, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's wooden branch on March 7, 2019, and was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act at the Gwangju District Court on December 19, 2019, and was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act at the Gwangju District Court on December 19, 201, and the said judgment became final and conclusive on December 27, 2019.

On March 1, 2020, at around 02:55, the Defendant driven a C-CoC car in the state of alcohol alcohol concentration of about 0.124% without obtaining a driver’s license from the front side of the Gwangju Mine-gu, Gwangju to the front side of the North Cheongan-gun, Yan-gun, Seoul, without obtaining a driver’s license from approximately 42km to the front side of the North Cheongan-gun, Yan-gun.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (any criminal record of a suspect's drunk driving and any fact of suspension of execution);

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 the 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 Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had the same criminal records of drinking and driving without a license twice each, and even if he/she had been under the suspension of the execution due to drinking and driving without a license, it is inevitable to choose a sentence of imprisonment.

However, there are circumstances such as the fact that the defendant is not sentenced to imprisonment with prison labor, the suspension of the execution of the judgment becomes void and the imprisonment according to the previous judgment is to be implemented, and the defendant repents his mistake.

This is the crime of this case.