A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 26, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act at the District Court of the Republic of Korea on July 4, 2018 and the judgment became final and conclusive on July 4, 2018.

At around 01:00 on October 23, 2019, the Defendant driven a motor vehicle with DNA alcohol level of 0.123% under the influence of alcohol without obtaining a driver's license in the three-meter section of the B apartment C-dong parking lot in Yangju-si.

Accordingly, the defendant was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine for a violation of the Road Traffic Act (free license) around 2001, around 2004, around 2007, around 2010, around 201, around 201, around 2010, around 201, around 201, around 201, around 201, and was sentenced to a fine for a violation of the Road Traffic Act (free license). As stated in the judgment on June 26, 201, the Defendant was sentenced to a suspended sentence for one year and committed the instant crime during the period of the suspended sentence.

Criminal facts subject to the suspended sentence of the above imprisonment are as follows: "The defendant driven the automobile under the influence of alcohol 0.134% in blood alcohol concentration on April 8, 2018," and the crime of this case.