A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 29, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act in the Gwangju District Court's net support.

【Criminal Facts】

On May 25, 2020, at around 20:20, the Defendant driven a B B B typ car under the influence of alcohol concentration of 0.047% on the exclusive exclusive road prior to the Hemopic tunnel at the Cropic city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

On July 9, 2020, the Defendant, without a driver’s license of a car on July 23:10, 2020, driven a B low-speed car at a section of about 16 km from the radio zone near the radio zone to the front of the 16 km-si.

Summary of Evidence

"200 Highest 1463"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, and summary order "20 Highest 1822";

1. The license register of the defendant's written investigation into actual statements in court;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including punishment and suspended execution, can be seen as having the same kind of power.

It is inevitable to sentence the defendant on the ground that his previous conviction was sentenced due to drinking without a license and driving without a license for five years, and that he again causes a traffic accident that causes street lights while driving without a license again with the same vehicle after he was prosecuted due to the crackdown on drinking without a license for driving without a license for the same vehicle.

However, the fact that the defendant recognized the mistake and reflects, that the blood alcohol concentration is relatively low, and that the vehicle does not repeat while scrapping the vehicle.