A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 19, 2008, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act in the Gwangju District Court’s net support for the crime of violation of the Road Traffic Act. On March 30, 2017, the Defendant was sentenced to a suspended sentence of 4 months for the same crime and completed the execution of the sentence on July 30, 2017.

【Criminal Facts】

On April 22, 2019, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven D 2 cargo under the influence of alcohol concentration of about 0.086% without obtaining a driver’s license in the section of about 9km from the front of the C Community Center in the Seoul-nam-gun, Seoul-gun, to the front road in the same military inside-ro 6km-ro of the same military.

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: Application of criminal records, inquiry reports, investigation reports (verification of the period of repeated crimes, and copies of judgments of the same kind, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The criminal records, including the criminal records with the reasoning of sentencing Article 35 of the Criminal Act, have already been punished several times for the same crime, among which, the defendant included a sentence, the defendant committed the crime of this case during the repeated crime period, the defendant was sentenced to a sentence by an act of driving a vehicle used for the crime of this case prior to the crime of this case, again driven the above vehicle after the release, and in light of this, the risk of recidivism by the defendant is high, and the defendant is against the recognition of the crime of this case.