A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 20, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court. On June 23, 2016, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving without a license) in the Hongsung Branch of the Daejeon District Court. On July 19, 2019, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Refusal of Drinking Measures) in the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On March 2, 2020, at around 18:20 on March 2, 2020, the Defendant driven C cargo vehicles while under the influence of alcohol alcohol concentration of about 0.111% without obtaining a driver's license in a section of about 10km from the parking lot in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the front road of the children's interest in the military.

As a result, the Defendant was driving a cargo vehicle under the influence of alcohol without a driver's license, in violation of the drinking regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of a traffic accident, field photographs of a traffic accident, results of the control of drinking driving and driving, circumstantial statements of a drinking driver, vehicle driving license register, and investigation report (Evidence Nos. 16);

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 19) and the application of Acts and subordinate 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 is that the defendant recognized and reflected the instant crime, but the defendant was punished once by drinking driving in 2004, once by drinking driving in 2016, once by driving without a license, and once by driving without a license. On July 19, 2019, the defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (recognition refusal) in 10 months, and the same crime was committed during the suspended sentence.