A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On November 27, 2006, the Defendant was sentenced by the Gwangju District Court to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act, and a fine of KRW 3 million for the same crime in the same court on April 20, 2018. On July 18, 2019, the Defendant was sentenced to a suspended sentence of six months for the same crime.

【Criminal Facts】

On October 23, 2019, the Defendant, without obtaining a driver’s license on October 23, 2019, driven ENAS car from around 200 meters from the front road in Gwangju Mine-gu, to the front road in the same Gu D apartment zone, while under the influence of alcohol of 0.141%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

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

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, results of inquiry into the criminal records, and application of Acts and subordinate statutes of the consolidated case inquiry and summary order;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., circumstances describing the reasons for sentencing) was subject to punishment several times due to drinking and unlicensed driving. In particular, on July 18, 2019, the Gwangju District Court was sentenced to the punishment of imprisonment for a period of 2 years of suspension of the execution of six months and 40 hours of an order to attend a compliance driving course, and committed the instant crime again for a period of 3 months of a suspension of the execution of six months and 3 months of an order to attend a compliance driving. As such, it is inevitable to sentence the Defendant to imprisonment.

However, the defendant has driven.