A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On October 19, 2015, the Defendant was sentenced by the Gwangju District Court to a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and a fine of KRW 5 million for the same crime in the same court on December 12, 2017. On January 16, 2020, the Defendant was sentenced to a suspended sentence of one year and six months for the same crime.

【Criminal Facts】

On February 13, 2020, the Defendant, without obtaining a driver's license on February 13, 2020, driven CMW car at approximately 6km from the Do in front of the Gwangju Mine-gu to the road front of the coefficient shooting distance exit road located in the Seo-gu, Seo-gu, Gwangju.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Criminal history records, each data pertaining to the control of drunk driving (the part on which evidence records 23 through 25 pages are recorded in the list of evidence) by a prosecutor, who has failed to submit a written judgment and a summary order concerning a person's previous offense in violation of Article 44 (1) of the Road Traffic Act as evidence, but it may be sufficiently recognized in light of the date and time of the offense recognized by the Council on the Control of Drinking Traffic as a result of the crime;

Application of Statutes

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 (see, e.g., circumstances describing the reasons for sentencing below) was three times the punishment for drunk driving, and the Defendant was punished on several occasions for traffic-related crimes. In particular, the Defendant was punished on January 16, 202.