A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On March 6, 2015, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on March 6, 2015, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the same court on March 3, 2017. On May 25, 2017, the same court was sentenced to a suspension of execution for six months due to a violation of the Road Traffic Act (driving) and became final and conclusive on November 15, 2017.

【Criminal Facts】

On January 4, 2019, at around 23:10, the Defendant driven an Ethrop vehicle without obtaining a driver’s license, in a section of approximately 500 meters from the later apartment of the Gwangju Mine to the front road of the D mine store located in the same Gu C, while under the influence of alcohol concentration of about 0.182%, and without obtaining a driver’s license.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, once again drives a motor vehicle while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the report on the status of the employer driver);

1. Registers of driver's licenses;

1. Criminal records: Inquiries, written judgments, and application of each summary order Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act of which punishment is heavier);

1. The defendant has the record of being punished three times or more as stated in the judgment of the court with regard to the reason for sentencing of selective sentence of imprisonment, and the suspended sentence is being sentenced for the crime of violating the Road Traffic Act, and the defendant has also been under the influence of driving without a license even though he is under the suspended sentence, as well as driving without a license in this case.