A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 4, 2008, the Defendant issued a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court, and on July 11, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime at the same court.

【Criminal Facts】

On August 26, 2019, at around 07:41, the Defendant driven a motor vehicle Eysttop without a driver's license, while under the influence of alcohol content of approximately 0.252% from the 27km section to the front of the bus bus stops of the Gu D apartment apartment, during Ansan-si from the front day of the D apartment bus stops.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the oral statement of a host driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Determination of sentence: Determination of sentence as ordered by comprehensively taking into account all the conditions of sentencing shown in the circumstances and records below one year of imprisonment:

The favorable circumstances: The defendant's reflects on the defendant, and the family and branch members of the defendant's family want to take the front of the defendant's wife: The defendant has been subject to a three-time fine and a one-time suspension of the execution of imprisonment with prison labor due to drinking driving, and driving without the driver's license is again conducted while the driver's license has been revoked due to drinking driving, and the suspension of the execution of fine or imprisonment with prison labor is not sufficient for the defendant.