A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 27, 2015, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on September 15, 2017, and received a summary order of KRW 3.5 million for the same crime, etc. in the same court on September 15, 2017, and on March 29, 2018, the Defendant was sentenced to a suspended sentence of KRW 10,500,000 to ten months for the same crime, and was sentenced to a suspended sentence on April 6, 2018.

【Criminal Facts】

On June 5, 2019, at around 23:15, the Defendant driven an ETrac vehicle under the influence of alcohol concentration of 0.104% without obtaining a driver's license in the section of about 50 meters from the road near the C Hospital in Gwangju Mine-gu to the same Gu D-gu road.

As a result, the Defendant violated the prohibition clause on drunk driving more than twice, and drives a motor vehicle while drunk without obtaining a driver license in violation of the same clause.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous convictions: Summary order and application of Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the relevant Article of the Road Traffic Act and Article 43 of the same Act concerning criminal facts, and Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The sentence of imprisonment is to be imposed in light of the fact that the defendant had been punished several times for a drunk driving crime as stated in the judgment of the court below, as well as the fact that he committed the crime of this case during the period of probation. However, considering the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's family relationship, the health condition, and the possibility of recidivism, the punishment shall be determined as ordered by taking into account the various conditions of sentencing as shown