A defendant shall be punished by imprisonment for a period of one year and six months.

Punishment of the crime

[criminal power] On January 17, 2013, the Defendant was sentenced to two years and six months of imprisonment by the Gwangju High Court for the crime of violation of the Road Traffic Act, etc., and on October 17, 2018, the Gwangju District Court sentenced the Defendant to one year and four months of imprisonment for the crime of violation of the Road Traffic Act, etc., and completed the execution of the sentence on May 25, 2019.

【Criminal Facts】

On May 30, 2019, the Defendant, without a driver’s license, driven a motor vehicle with 1 km at approximately 0.237% of alcohol concentration without a driver’s license, while driving a motor vehicle with euratom in a section of about 1 km from the front Yong-gun B and below to the front road of “D” located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Criminal records: The results of inquiry and the application of Acts and subordinate statutes on personal confinement status;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. As seen in the record of criminal records as indicated in the reasoning of sentencing of selective sentencing, the Defendant had a record of having been sentenced two times or more due to an escape, after having cause of a traffic accident while driving a drunkly, injured persons or injured persons, while driving a drunkly.

In addition, not only has been sentenced to punishment for committing a crime without a license, but also has been punished for a drunk driving or a non-licenseless driving three times more.

Nevertheless, when the defendant was sentenced to a punishment due to drinking driving, etc., the execution of the sentence is completed, the defendant's imprisonment is sentenced not only to the driving without a license for drinking, but also to the blood alcohol concentration (0.237%).