A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 1, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on February 7, 2018, the same court received a summary order of KRW 1,00,000 as a fine for the same crime, and on February 14, 2020, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court on February 14, 2020, and is currently under the period of suspension of execution, which became final and conclusive on February 22, 2020.

On July 21, 2020, the Defendant driven D's low-pollution car under the influence of alcohol level of 0.106% without obtaining a driver's license in approximately 200 meters from the front B apartment road in Gyeonggi-si to the front road in the same day from around 21:27 on the same day to the front road in the same city in the same city.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Application of criminal records, reply reports, and Acts and subordinate statutes verifying the record of drinking driving;

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 again commits the crime in this case even though he had a criminal record of the same kind of crime, the crime committed during the suspension period of the execution of the same crime, the crime committed again after being sentenced to a suspended execution judgment, which has not passed a half year and was sentenced to a suspended execution, and the crime was committed again, and at the same time, a drinking driver is concurrently licensed, the degree of blood alcohol of the defendant, the degree of blood alcohol of the defendant, the age, character and environment of the defendant, the motive, means and consequence of the crime, etc.,