A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On June 29, 2010, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in Ansan Branch of the Suwon District Court, and on November 28, 2014, the same court was sentenced to a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving). On January 24, 2018, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

On November 17, 2019, at around 04:05, the Defendant driven a DM5 vehicle under the influence of alcohol concentration of about 0.258% without obtaining a driver’s license in the section from the front of the B Complex in Silung City to the front of the same city C, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, report on the circumstantial statements of a drinking driver, notification of the results of the control of drinking driving, recordbook, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc., one copy of inquiry report, one copy of each summary order, and one copy of each judgment shall apply;

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. Fully taking account of the Defendant’s history of sentencing under Articles 53 and 55(1)3 of the Criminal Act (this is the fourth alcohol driving, the second driver’s license without permission, the first driver’s license, and the first driver’s license without permission, which are 0.260% prior to about nine years, and the fine is 3 million won, the second driver’s license is 0.170%, and the second driver’s license is 0.170%, and the second driver’s license is 4 million won, the second driver’s license is 0,000 won, the second driver’s license is 0.123%, and the second driver’s license is 0.123%, and the second driver’s license is 0.258%, and the second driver’s license is 0.258%, and the details of traffic accidents (the second driver’s license is damaged by shocking the protective walls of plastic material).