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

Punishment of the crime

[criminal power] On June 8, 2012, the Defendant received a summary order of KRW 5 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) from the Southern District Court of the Jeonju on June 8, 2012. On July 1, 2014, the same court sentenced the imprisonment with prison labor of KRW 4 years for the violation of the Road Traffic Act (Unlicensed Driving) and completed the execution of the sentence on May 3, 2018.

【Criminal Facts】

On September 18, 2019, at around 14:40, the Defendant driven a DNA car under the influence of alcohol level of 0.163% without a driver’s license, from around 1km section of approximately 1km to the front road of the house community hall in the same 58-lane, from the front of the front of the Dan Chang Chang-gun, the Defendant driven a DNA car in the state of alcohol level of 0.163% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report and notification of the results of the crackdown on drinking driving;

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power), investigation reports (report on confirmation of the period of repeated crime), and application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for discretionary mitigation”)

1. The scope of punishment by law: One to five years of imprisonment;

2. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances in imprisonment with prison labor for a year and two months, taking into account the defendant's age, environment, motive for committing the crime, blood alcohol density, driving distance, and circumstances after committing the crime, and the punishment shall be determined as ordered by taking into account various factors of sentencing as shown in the arguments in this case.

[Unfavorable Circumstances] Driving without a license shall be the life, body, and body of another person.