A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of violation of Article 44(1) or (2) of the Road Traffic Act] On January 22, 2009, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act (Refusal of measurement) by the Gwangju District Court. On August 12, 2010, the same court issued a summary order of three million won for the crime of violation of the Road Traffic Act (driving). On December 12, 2017, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for the same crime.

【Criminal Facts】

On May 23, 2020, the Defendant, without obtaining a driver's license on May 23, 2020, driven a DEX car at a section of about 500 meters from the front of B B to the front of C in Jeju, while under the influence of alcohol of 0.241%.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The register of driver's licenses of traffic accident evidence evidence, photographic car driving after checking the drinking driving;

1. Previouss before judgments: Criminal records, inquiry reports, written judgments, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant violated Article 44(1) of the Road Traffic Act, or refused to take a drunk test, and once again, was punished on three occasions due to a drunk driving or refusal to take a drunk test, and caused an accident in the course of driving, and the instant drinking water is very high.

In addition, the defendant was sentenced to 2 years of imprisonment on December 12, 2017 for a drunk driving, and the probation period is too limited.