A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal power] On July 15, 2010, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a crime of violation of the Road Traffic Act (driving Driving) at the Gwangju District Court, etc. on October 25, 201, four months by imprisonment for a violation of the Road Traffic Act (driving Driving), and one year by imprisonment for the same crime, etc. on September 21, 201, at the Gwangju District Court Branch Branch Branch of the Gwangju District Court, and the execution of the sentence was terminated on May 29, 2018.

【Criminal Facts】

On May 6, 2020, at around 19:06, the Defendant driven, without a driver’s license, a hJ100T-7C motorcycle, a section of about 500 meters from the C Community Center located in Gangnam-gun B to the D third distance, while under the influence of alcohol level of 0.195% without a driver’s license.

Accordingly, the Defendant, while driving without a driver's license, violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the circumstantial statements of drinking drivers, the driver's license register and the next inquiry;

1. Previous records of judgment: Application of criminal records, etc., investigation reports (reports on confirmation of judgment, etc. of the same kind of case), investigation reports, and Acts and subordinate statutes;

1. Article 35 of the Criminal Act for a repeated crime subject to imprisonment with prison labor selected under Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, and Articles 43 of the same Act for the ordinary concurrent crimes;

1. The reason for the sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to increase the risk of citizens to traffic safety, and the necessity of strict punishment is high, the defendant has a number of records of having been punished for driving under the influence of alcohol, but the execution of sentence is completed for the same crime, and the defendant drives without the license in the state of drinking again during the period of repeated offense, and the defendant misleads himself.