A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 26, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on November 26, 2007, and a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the same court on October 26, 2012. On February 28, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of six months.

【Criminal Facts】

On September 22, 2019, the Defendant, as a person with the power of violating Article 44(1) or (2) of the Road Traffic Act, driven E-Poter cargo under the influence of alcohol of about 0.181% without obtaining a driver’s license in a section of about 3 km from the front side of the village B in Chang-gun, Chungcheongnam-gun, Seoul, to the front road in C, from around 19:10 on September 2, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (a), and statutes during the period of suspension of execution;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

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 is that the defendant was punished three times due to drunk driving, and on February 28, 2018, he/she was sentenced to the suspension of the execution of six months for the crime of violation of the Road Traffic Act (Refusal of measurement) on February 28, 2018, and was sentenced to the suspension of the execution of two years for the crime of violation of the Road Traffic Act, and the defendant's blood alcohol concentration is disadvantageous to the defendant.