A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 21, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s support on September 21, 2017, and on July 20, 2018, five times in total, including the termination of the execution of the above punishment.

【Criminal Facts】

On December 19, 2019, at around 12:10, the Defendant driven a fwing 3 truck under the influence of alcohol alcohol concentration of 0.058% without obtaining a driver's license in a section of about 200 meters from the front side of the road located in the Doeung-gun B to the front side of the road located in the same Doe E located in the same Gun.

As a result, the defendant was driving a motor vehicle without obtaining a driver's license, and at the same time violated the duty of prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (criminal records A in the past of a suspect), personal confinement status, and application of Acts and subordinate statutes of the same kind;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation increases citizens' risk to traffic safety and thus requires strict punishment. The criminal defendant, including the criminal records in the judgment, has already been punished several times for the same kind of crime; among them, the criminal records in the judgment are included in the punishment; the criminal records in the case are committed again during the period of repeated crime; in light of the fact that the crime in this case is committed again during the period of repeated crime; the crime in this case is not good for the nature of the crime; the defendant's risk of repeating the crime is very high; the degree of blood alcohol concentration and the driving without a drinking license; and the circumstances leading up to the crime in this case.