The defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On November 26, 2013, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on November 26, 2013; on October 29, 2015, the Defendant was sentenced to a fine of 2.5 million won for the same crime, etc.; on February 16, 2017, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the Gwangju District Court, and completed the execution of the sentence at the Macheon Prison on August 15, 2017.

【Criminal Facts】

On January 1, 2020, the Defendant, without obtaining a driver’s license on January 1, 2020, driven a volume of 8 km freight vehicle from C parking lot located in Jeonnamnam-gun B to E Center in D, while under the influence of alcohol of 0.130%.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), copies of judgment, and application of Acts and subordinate statutes concerning the acceptance status 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. 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 Article 35 of the Criminal Act among repeated offenders is a person who has already been punished for drinking and driving without a license several times.

The two times of the sentence of imprisonment is the one sentenced to imprisonment.

Nevertheless, the Defendant, while repeating a repeated crime, re-driving without a license and brought about serious danger to the safety of the general public, and the Defendant said to have caused a traffic accident involving the telecommunication poles.

However, the instant case is also rush.