A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Power of Violation of Article 44(1) of the Road Traffic Act] On April 8, 2009, the Defendant was sentenced to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court, etc. On July 19, 201, the same court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving). On November 10, 201, the same court was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 30, 2019, the Defendant, without obtaining a driver’s license on October 30, 2012:35, driven a f-wing van at approximately 2 km from the road near C in the Jeonyang-gun, Jeonyang-gun, to the E nearby road located in Jeonyang-gun, Jeonyang-gun, the Defendant driven a f-wing van at a level of about 0.191% alcohol level without obtaining a driver’s license.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. A written statement of the G production;

1. A traffic accident report;

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

1. Registers of driver's licenses;

1. Previouss of judgments: Criminal records, inquiry reports, written judgments, and application of summary order-related Acts and subordinate statutes;

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. The Defendant, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances explaining the sentencing following the reasons for sentencing), committed the instant crime again even though he/she was punished three times due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving.

Furthermore, the defendant continued to commit a crime even though he/she was sentenced to suspended sentence on drinking and unlicensed driving for a long time without obtaining a driver's license, and was sentenced to suspended sentence in 2016.

A criminal defendant's criminal records and law-abiding consciousness.