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

Punishment of the crime

[criminal power] On July 27, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on July 27, 2009, a fine of four million won for a violation of the Road Traffic Act (driving) at the Changwon District Court Branch on July 11, 201, and the same court on January 25, 201 was sentenced to imprisonment of eight months for a violation of the Road Traffic Act and two years for a suspended sentence.

【Criminal Facts】

On April 11, 2019, at around 22:19, the Defendant driven a e-coo vehicle without a driver’s license, while under the influence of alcohol concentration of about 0.168% at a section of approximately 3-4 meters prior to the road store D located in the Hanam-gun, Hanam-gun.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, has driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. The circumstantial statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) 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 Articles 53 and 55(1)3 of the Criminal Act is the number of times excluding the cases where driving under the influence of alcohol and driving under the influence of alcohol without a license is punished at the same time as driving under the influence of alcohol and driving without a license.

It is inevitable to impose severe punishment in light of the fact that there was a history of punishment and that the suspended execution led to the crime of this case even though it was committed.

The blood alcohol concentration is also high.

After detection of police officers, it was also possible to escape from the police.

However, the defendant recognizes and reflects the facts of crime, and the driving distance is driving.