The punishment of the accused shall be determined by two years of imprisonment.

Punishment of the crime

[criminal power] On May 6, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on September 18, 2008, and was sentenced to six months of imprisonment and two years of suspension of execution by the Jeonju District Court on September 18, 2008. On February 5, 2009, the Jeonju District Court issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on April 4, 2014. On September 4, 2018, the Defendant completed the execution of the sentence at the Jeonju District Court on March 3, 2019.

【Criminal Facts】

On April 27, 2020, at around 21:57, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.076%, without obtaining a driver’s license, from around 1.5 meters in a section of approximately 1.5 meters in front of the same Sinsan-gu (Cancellation of license on May 29, 2018) on the roads near C store located in Seojin-gu Seoul-gu, Seoul Special Metropolitan City, to D.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, each summary order, each judgment, results of confinement of prisoners, application of Acts and subordinate statutes to the current status of confinement of each individual;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Two years to ten years from imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The defendant shall be sentenced to a sentence;