A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On May 6, 2005, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, on July 20, 2017, to a summary order of KRW 3 million for the same crime from the Gwangju District Court's Maritime Branch, and on September 19, 2019, the Defendant was sentenced to a summary order of KRW 3 million for the same crime. On September 27, 2019, the same court was sentenced to a suspended sentence of one year and six months for a crime of violation of the Road Traffic Act, and the judgment was finalized on the 27th of the same month.

【Criminal Facts】

At around 22:00 on September 19, 2019, the Defendant driven a DUP car without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 1.4km from the section of approximately 1.4km to the front road of C in front of the west-gun in the west-gun, Namnam-gun, Namnam-do, with a view to alcohol level of about 0.25%.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A report on internal investigation:

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, etc., one copy of the judgment, one copy of the written judgment, one copy of the auxiliary copy of the agreement of the case, and one copy of the summary order, respectively;

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. Although the defendant had already been punished for concurrent crimes under the latter part of Article 37 and Article 39(1) of the Criminal Act, the defendant committed the crime of this case at least two months after committing the crime of drinking under the influence of alcohol.

Moreover, the Defendant committed the instant crime by this Court on September 19, 2019 on the day when the suspension of the execution of imprisonment was sentenced due to the crime of violation of the Road Traffic Act (Refusal of the measurement of noise).