A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 14, 2019, the Defendant was sentenced to six months of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and violation of the Road Traffic Act, two years of suspended execution, and 40 hours of the compliance driving lecture by the Incheon District Court.

On January 3, 2020, around 21:15, the Defendant driven an E Malaysia car while under the influence of alcohol without obtaining a driver's license in about 2 km section from the Do in front of C to the front road D, and at about 0.052% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Register of driver's licenses (17 pages of investigation records);

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous dispositions, and reports on results of confirmation, and application of Acts and subordinate statutes (Personal Name Act No. 2018 high-ranking 9108);

1. Relevant provisions of Article 148-2 (1) and 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 the 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was sentenced to six months of imprisonment and two years of suspended execution in the Incheon District Court on March 14, 2019, by committing a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bodily Injury resulting from Dangerous Driving) and is the period of suspended execution, which became final and conclusive on March

The Defendant again committed the instant crime without being aware of the revocation of a driver’s license on December 2018 due to the instant crime.

In light of the circumstances of the same re-offending during the suspension of execution, the defendant is sentenced to a punishment because it is judged that the defendant's act is less severe than that of his/her driving.

The period of punishment shall be determined by discretionary mitigation in consideration of the blood alcohol concentration and the circumstances reflecting the defendant's wrong judgment.