A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On October 13, 2016, the Defendant was sentenced to six months of imprisonment by the Ulsan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

At around 20:00 on May 21, 2020, the Defendant driven E-Poter truck under the influence of alcohol with a blood alcohol concentration of 0.169% without obtaining a driver's license from the C Park near C Park in Yangsan-si B to the D-si in Yangsan-si.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (report on confirmation of the same type of force);

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. Consideration of the fact that the punishment for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act is imposed for a violation of the Road Traffic Act (driving) for the reason of sentencing, etc., three times as a drunk driving, three times as a licensed driving, three times as a non-licensed driving, driving a short distance for mobile parking, driving a short distance for the purpose of mobile parking, driving a vehicle, scrapping the vehicle, and committing an offense.