A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] The Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution for the crimes of violation of the Road Traffic Act in the Seoggu District Court's Branch on May 18, 2012, and on June 2, 2014, the same court was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution.

In addition, on December 12, 2018, the defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act in the same court and is currently pending in the appellate trial.

【Criminal Facts】

On October 20, 2018, while under the influence of alcohol of 0.124% on blood alcohol level, the Defendant driven a DNA car from around 100 meters to the front road of the F Festival at the time of permanent residence in the border without a driver’s license, from around 00 meters to the front road of the entrance of G apartment at the time of permanent residence in the border.

Accordingly, even though the Defendant was punished on more than two occasions by driving while under the influence of alcohol, he again driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of criminal records and a copy of the judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. The reason for sentencing the alternative sentence of imprisonment is that the defendant, including the record of the crime in the judgment, has already been sentenced to the suspension of the execution of imprisonment, the suspension of the execution of a fine due to drinking driving, the unlicensed driving, the defendant committed the crime in this case while being tried due to drinking driving, the criminal act in this case has a high drinking level, and the defendant is against the defendant at the time of committing the crime in this case.