A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On June 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court, and completed the execution of the sentence at the Gangnam Prison on August 19, 2016.

In addition, on January 2, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Seocho District Court's territorial branch on January 2, 2017, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Chuncheon District Court's territorial branch on November 6, 2018, respectively.

【Criminal Facts】

Although the Defendant had been punished twice due to drunk driving, at around 07:32, February 22, 2019, the Defendant driven a D-coo vehicle under the influence of alcohol concentration of 0.147% without obtaining a driver’s license from a section of about 30 meters from the C-studio in front of the Johudio in the Seocho-si to the Johudio in front of the Johudio in the front city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and register of driver's licenses;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification during the period of repeated crimes of suspects), judgment, personal confinement status, investigation reports (verification of criminal records and the same kind of records), judgment, and application of Acts and subordinate statutes of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act (i.e., the crime of intimidation) is to be determined by taking into account the following conditions of sentencing, such as the circumstances under the reason for sentencing, and the age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime.

The defendant's mistake is recognized as a favorable circumstance.

At the time of the instant case, the Defendant was drinking or unlicensed.