A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 26, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on November 26, 2009, a summary order of KRW 6 million for the same crime in the same court on August 31, 2012, and a summary order of KRW 5 million for the same crime in the same court on January 4, 2019, respectively. On the same court on July 10, 2019, the Defendant was sentenced to two years of imprisonment for a suspended sentence of KRW 4 months for a violation of the Road Traffic Act (unlicensed Driving). The judgment became final and conclusive on July 18, 2019 and is currently under a suspended sentence.

【Criminal Facts】

On April 15, 2020, at around 15:45, the Defendant driven an E-Tech car without obtaining a driver's license from the front of the Defendant's residence in Jin-si B to the front of D in the same city, and without obtaining a driver's license from about 20km section, to the front of D in the same city.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, reply reports, 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 punishment shall be determined in consideration of the fact that the sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished for drunk driving on several occasions, the fact that the level of drinking alcohol in this case is not low, the fact that it is a crime during the period of suspended execution, other circumstances after the crime, the environment of the defendant, etc.