A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] The defendant was issued a summary order of KRW 700,000 by the Changwon District Court on February 9, 2009 for the crime of violation of the Road Traffic Act, and the defendant was sentenced to imprisonment for one year with prison labor for the same crime in the same court on May 8, 2020, and was sentenced to two years of suspended execution for the same crime. The judgment on May 16, 2020 becomes final and conclusive and is currently under suspended execution.

【Criminal Facts】

On July 3, 2020, at around 11:47, the Defendant driven Epoter cargo vehicles under the influence of alcohol concentration of 0.05% without obtaining a driver's license from the C institution parking lot located in Kimhae-si B to the access road to the underground parking lot of D buildings, at approximately 200 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement, state-finding report, investigation report, actual condition survey report on the driver's license register notified as a result of the control of drunk driving, and previous records of judgment on the accident site photograph: The application of criminal records, investigation report (the past criminal records against a suspect and confirmation of crimes during the period of postponement of collection) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation exist more than twice, and in particular, the Defendant, at the Changwon District Court on May 8, 2020, sentenced to a suspended sentence of two years, etc. on the one-year period of imprisonment for a violation of the Road Traffic Act at the Changwon District Court on May 8, 2020. The judgment became final and conclusive on the 16th of the same month, and was not more than two months without a license, again committed the instant crime under a state of non-license.

As such, the defendant has been repeated to the defendant.