A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 24, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act, and on January 14, 2020, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with labor for the same crime in the same court.

On July 9, 2020, at around 04:54, the Defendant driven a F rocketing car under the influence of alcohol concentration of 0.113%, without obtaining a driving license, from around 500 meters in approximately C 50 meters to E adjacent areas in Ulsan-gu C cafeteria B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drive the above vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same kind of power);

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. 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 for discretionary mitigation recognizes and reflects the Defendant’s mistake, and the Defendant’s family members and branch members want to have the Defendant’s preference.

However, the defendant has been punished three times due to drinking driving and one time due to driving without a license, and even during the suspension of the execution period due to driving without a license, he/she was engaged in driving without a license for drinking and driving without a license, has high drinking level and high drinking level of drinking and caused danger to traffic in the signal atmosphere, so the defendant shall be sentenced to punishment against the defendant, but the defendant shall be sentenced to punishment as ordered by considering all the circumstances shown in the records, such as the defendant's age, character and behavior, environment and circumstances after the crime.