A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 6, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving without a license) from the Incheon District Court’s Branch on September 6, 2010. On October 4, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving without a license) from the Incheon District Court’s Branch on October 27, 2010. On October 27, 2010, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on November 28, 2014. On February 9, 2017, the Defendant was sentenced to two years of a suspended sentence of imprisonment with prison labor for a violation of the Road Traffic Act (driving under a license for a violation of the Road Traffic Act) from the Incheon District Court’s Branch on February 27, 2017.

Criminal facts

On December 8, 2018, at around 23:40, the Defendant driven a motor vehicle with low alcohol level of 0.105%, without obtaining a driver’s license for a motor vehicle, from approximately 200 meters to the front road of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, B Station 6, 000.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Consideration, such as the fact that a repeated offender was sentenced to imprisonment with prison labor for the same kind of reason for sentencing under Article 35 of the Criminal Act and again commits the same crime during the period of such repeated crime;