The sentence against the accused shall be determined by one year and six months of imprisonment.

Punishment of the crime

[criminal history] On December 4, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Gwangju District Court for ten months, and completed the execution of the sentence at the Net Prison on August 16, 2019.

[Criminal facts]

1. On September 25, 2020, the Defendant driven a B salary class III 1 ton vehicle without a vehicle driver’s license from approximately 7km section from the front side of the Yong-gun in Yong-gun to the R. Q in the same military from around 13:30 on September 25, 2020.

2. On September 25, 2020, the Defendant: (a) driven the said vehicle under the influence of alcohol level of about 0.199% without a driver’s license on about 10 meters from the direction of the RR as stated in the above paragraph (1) to the opposite road; (b) at the same time, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, etc. (A), application of Acts and subordinate statutes to report an investigation (any suspect A repeated offense period and text of judgment, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of driving under the influence of alcohol);

1. Selection of each sentence of imprisonment, with prison labor, for an exception, as provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (or for a violation of the Road Traffic Act as stated at the same time and a violation of the Road Traffic Act (non-licenseed driving) as stated in the holding, and a punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. Article 35 of the Criminal Act concerning the aggravation of repeated crimes (as to each crime in its holding);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum term of punishment prescribed for each crime as stated in the judgment is aggregated) of the aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that the distance from driving a motor vehicle while under drinking is not long) of the mitigated amount;