A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment for six months with prison labor for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do on April 10, 2019, and the said judgment became final and conclusive on the 18th of the same month as well as three times of the current period of suspension of execution.

【Criminal Facts】

On January 24, 2020, at around 01:50, the Defendant driven an Eststun vehicle under the influence of alcohol concentration of 0.052% without obtaining a driver’s license in the 3km section from the Gumi-si B apartment to the Drdle distance in C.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, actual condition survey report, and on-site photographs;

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

1. Inquiry into the driver's license ledger;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

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. In addition to the statement in the reasoning of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the criminal records, other than the statement in the judgment of the reason for sentencing, also have the record of being punished for the same kind of crime, the crime of this case was committed during the suspension period of execution for the same kind of crime, the blood alcohol concentration of the defendant in this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the conditions of sentencing as shown in the argument of this case, including