A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

[criminal power] On April 24, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 24, 2009, and was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the same court on August 31, 2017. On February 27, 2018, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) and was sentenced to one year for a suspended sentence of six months for the same court on February 27, 2018.

【Criminal Facts】

On September 17, 2019, the Defendant, without obtaining a driver's license on September 20:5, 2019, driven a f new-burg x car at approximately 0.103% of blood alcohol concentration from the front of the convenience store in the large exhibition-gu B to the front of the E-cafeteria located in the same Gu.

Accordingly, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol not less than twice, and operated without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, copies of summary orders, and application of statutes of the judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, 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 penalty: Imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is at least three times, and the fact that a suspended sentence of six months of imprisonment was imposed on February 27, 2018 due to the crime of drunk driving, which was recently required to be taken into account under the unfavorable circumstances, resulting in the instant drunk driving and non-licensed driving, and the fact that it is recognized of mistake and reflects it, and that it seems that there is no actual assumption to return to the country while being on the move.