A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 19, 2006, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jeju District Court on January 30, 2013, sentenced to a fine of seven million won at the Gwangju District Court on the same crime. On February 12, 2016, the Defendant was sentenced to two years of suspension of the execution of August for a violation of the Road Traffic Act (Refusal of measurement) in the Gwangju District Court’s Branch Branch on February 12, 2016, and on June 1, 2018, the Defendant was released from imprisonment with prison on December 24, 2018 and completed the period of parole on January 31, 2019.

【Criminal Facts】

On December 17, 2019, at around 20:45, the Defendant driven D Poter vehicles with a blood alcohol concentration of about 0.141% without a car driver’s license, from around 7.2 km to the front road of the Newananan-gun, Haan-gun, B, and C.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice, and simultaneously drives a motor vehicle without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Investigation report (the statement of the business owner at the counter-head of the household and the confirmation of CCTV);

1. The circumstantial statement of the employee;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the records of the same crime and the confirmation of the facts of repeated crimes, etc. after 206);

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. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was in a state ofless license after the revocation of the license in 2012, and had been punished for the same kind of crime, such as the record of criminal records, immediately after parole, acquired the instant vehicle.

Defendant.