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

Punishment of the crime

[criminal record] On July 5, 2019, the Defendant was sentenced to a suspended sentence of two years for 10 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Gwangju District Court's Branch on July 5, 2019, and the said judgment became final and conclusive on July 13, 2019 and is currently under suspended sentence

[Criminal Facts] On February 9, 2020, at around 15:05, the Defendant, without a vehicle driver’s license, driven BM5 vehicle under the influence of alcohol content of about 4 km from the front of the Ganpo-gun Office neighboring the Ganpo-gun Office of Fanpo-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul Metropolitan City, to the front road in front of the distance of the building in the south-do.

Accordingly, the Defendant, without driver's license, driven a motor vehicle in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of crackdown on drinking driving, report on the status of driving a motor vehicle, register of driver's licenses, and details of cancellation of driver's licenses;

1. Previous records: Criminal records and other inquiries, criminal records, results of criminal records, investigation reports (Attachment to the judgment of the same kind), and application of Acts and subordinate statutes of 11 copies of the judgment;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three-time penalty penalty power, and the Defendant had been punished for traffic crimes, such as drinking and non-licenseing, up to 12 times, and even though the Defendant was under suspension of execution due to the same kind of crime, he/she repeated driving without a license.

In light of the criminal power and the degree of driving, the social danger of drunk driving and the purport of the amendments of the Road Traffic Act, which are raised by statutory penalty, it is inevitable to punish the defendant.

However, the defendant is wrong.