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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On October 31, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act; on January 8, 2010, a summary order of KRW 2.5 million from the Suwon District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act; on August 13, 2010, a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act at the Suwon District Court on July 21, 2017; and on August 13, 2019, the above summary order becomes final and conclusive on August 21, 2019 as of August 21, 201.
【Criminal Facts】
On December 7, 2019, at around 23:00, the Defendant driven a Fpoter truck under the influence of alcohol content of about 0.056% without obtaining a driving license at a distance of about 60 meters from the front road in Suwon-si B to the front road in Suwon-si E Park.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Records of blood alcohol concentration;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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 has the history of being punished by a majority for drunk driving.
A previous conviction is a previous conviction on August 21, 2019, which became final and conclusive on August 21, 2019, and the above judgment was final and conclusive, and thus, was driving under the influence of alcohol without a license.
There is no special circumstance to consider the situation in which a drinking driving has been made.
In light of the above circumstances, the defendant is the defendant.