A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On June 13, 2008, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court, etc. on December 7, 2015, and a fine of KRW 7 million due to a violation of the Road Traffic Act (driving). On June 29, 2017, the Defendant was sentenced to a summary order of KRW 7 million at the same court at the Gwangju District Court, respectively. On February 7, 2018, the said judgment became final and conclusive after being sentenced to a suspension of execution for 8 months due to a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Gwangju District Court.

【Criminal Facts】 On December 11, 2019, the Defendant driven a F Poter Cargo at approximately 200 meters section from the C neighboring road located in Gwangju Mine-gu to E neighboring road located in the same Gu, while under the influence of alcohol 0.136% without obtaining a driver’s license on December 13:10, 2019.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and at the same time, drives the cargo without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, judgment, consolidated cases inquiry, and application of Acts and subordinate statutes governing summary orders;

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 the 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant again committed the instant crime during the period of suspended execution due to the same kind of crime; and (b) the Defendant may have the same record of the same kind of crime; and (c) the records and arguments of the instant case are shown at the time of the instant crime, such as the degree of blood alcohol content; (d) the background and place during which the Defendant was engaged in drunk driving; (e) the distance and place during which the Defendant was engaged in drunk driving; (e)