A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 28, 2019, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and on March 11, 2019, the Defendant issued a summary order of KRW 4 million for the same crime at the same court on March 11, 2019, and on October 31, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime at the same court on October 31, 2019, and the judgment became final and conclusive on November 8, 2019.

【Criminal Facts】

On October 29, 2019, the Defendant driven a D Kanman car at approximately 150 meters away from the roads near Kimhae-si B apartment to C, while under the influence of 0.098% alcohol level without obtaining a driver's license on October 29, 2019.

As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiries, and the application of court rulings and other statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [unfair circumstances] The Defendant had already driven three times prior to the instant case, and, in particular, committed the instant crime even while being tried for driving under influence or without obtaining a license, and the Defendant has been driving four times including the instant crime for a period of about one year. The Defendant has been driving four times including the instant crime [w] for a period of about one year [w] under the treatment of alcohol dependence, the Defendant is under the treatment of alcohol dependence, there is a family member to support, his family members, and it is against the Defendant.