A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal power] On October 5, 201, the Defendant issued, at the Gwangju District Court, a summary order of KRW 1 million for a violation of the Road Traffic Act, a fine of KRW 2 million for the same crime in the same court on December 20, 2012, a summary order of KRW 5 million for the same crime in the same court on June 12, 2014, respectively, and on June 28, 2018, the same court was sentenced to a summary order of KRW 5 million for the same crime on July 6, 2018.

【Criminal Facts】

On December 27, 2019, the Defendant, at around 22:10, driven an EM7 car under the influence of alcohol concentration of about 0.135% without obtaining a driving license from the front side of the entrance of the North-gu B apartment in Gwangju, Gwangju, to the front side of D, located in the same Gu C, without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Application of five copies of written judgments and other Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 Act for discretionary mitigation is that the Defendant committed the instant crime during the period of probation, even though he/she had the record of having been sentenced to a suspended sentence of imprisonment due to a drunk driving crime, as stated in the criminal records as indicated in the judgment of the Defendant, and that the blood alcohol concentration of the instant crime is also high, etc., the Defendant shall be sentenced to imprisonment with prison labor; however, the Defendant is recognized to commit the instant crime, taking into account the following factors: the motive and background of the instant crime; the circumstances after the instant crime was committed; the Defendant’s family relationship, health status, possibility of recidivism;