A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 1, 2012, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on April 29, 2014, received a summary order of KRW 1,500,000 as a fine for the same crime from the Seo branch branch of the Daegu District Court, and on August 29, 2018, sentenced two years of suspension of execution to August 6, 2018 for the same crime in the Seo branch of the Daegu District Court, which became final and conclusive on September 6, 2018.

【Criminal Facts】

On July 14, 2019, at around 21:50, the Defendant driven a motor vehicle under the influence of alcohol on at least two occasions, without obtaining a driver’s license, in approximately 600 meters section from the front road of the Csung Party in Daegu Seo-gu, to the front road of the E elementary school located in Daegu Seo-gu D, and without obtaining a driver’s license, while under the influence of alcohol with a 0.046% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of current records, court rulings, etc.);

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 reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., favorable circumstances among the reasons for sentencing) of the Criminal Act are: (a) the Defendant has already been punished for drunk driving and without a license; and (b) the Defendant was sentenced to two years of suspension of the execution of imprisonment in August 29, 2018 on the grounds of the crime of violation of the Road Traffic Act in the administrative branch of the Daegu District Court on August 29, 2018, and was determined on September 6, 2018, and the said judgment became final and conclusive on September 6, 2018, and again commits the instant crime without being aware of the nature of the relevant crime and the risk of recidivism.