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

Punishment of the crime

[criminal power] The Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) on December 9, 2010 at the Changwon District Court’s Tongwon District Court’s Tong branch on August 30, 2012, and was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (driving) on August 30, 2012, and was sentenced to imprisonment of KRW 8 months for a violation of the Road Traffic Act (driving on September 13, 2016) and two years for a suspended sentence.

【Criminal Facts】

1. On February 25, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as seen above, but operated the Ewing-III truck under the influence of alcohol without obtaining a driver’s license at a section of about 10km from around the C cafeteria located in Gyeong-gun, Chungcheongnam-gun to around the Defendant’s residence located in the same military D, and without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said Ewing class Ⅲ, which did not purchase mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, inquiry reports, written judgments, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: One year to three years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Imprisonment with prison labor for a vehicle which is not covered by drinking, unlicensed, or mandatory insurance for a year and four months;