A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On April 8, 2019, the Defendant, while under the influence of alcohol 0.175% without obtaining a driver’s license, driven a FMW car at approximately 3km from the roads near the trade name “C” located in Gwangju Northern-gu B to the E-lane located in Gwangju Northern-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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

1. On April 26, 2018, the Defendant: (a) was sentenced to a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Gwangju District Court on April 26, 2018; (b) on May 4, 2018, the judgment became final and conclusive and conclusive on May 4, 2018; (c) but was under the suspended sentence; (d) the Defendant had been punished for drunk driving and unlicensed driving; and (d) the Defendant has a strong criminal intent to comply with law by continuously driving without a driver’s license; and (e) the Defendant has a weak intention to comply with law by continuously driving without a driver’s license.

The term of punishment shall be determined as per the Disposition, taking into account the aforementioned factors of sentencing.