A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On July 24, 2009, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act at the Gwangju District Court. On September 27, 2013, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor at the Gwangju District Court on September 27, 2013.

In addition, on August 22, 2019, the Gwangju District Court sentenced two years of suspended sentence to 8 months of imprisonment for the crime of violation of the Road Traffic Act ( sound driving) at the Gwangju District Court, which became final and conclusive on August 30, 2019 and is currently under suspended sentence.

【Criminal Facts】

1. Around September 11, 2020, the Defendant violated the Road Traffic Act (driving) driven DSS7 car at a cafeteria parking lot located in Jeonyang-gun, Jeonyang-gun, Seoul, under the influence of alcohol by 0.108% of alcohol level on September 11, 2020.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Around September 11, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the roads in front of the Donyang-gun E, Namyang-gun without obtaining a driver’s license on September 11, 2020, driving DM7 car over a section of about 5 km from the front of the Donyang-gun E to the front of the C cafeteria in the Don

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence, confirmation, and occurrence of any suspected violation of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of the same kind of drinking driving case);

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has three times the defendant's records of performing the same kind of crime due to drunk driving.