A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 14, 2013, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on January 6, 2016, a fine of 4 million won for the same crime at the same court on January 6, 2016, a fine of 6 million won at the same court on May 24, 2016, and a summary order of 6 million won for the same crime was issued at the same court on May 24, 2016. On April 24, 2019, the Incheon District Court sentenced two years of suspension of the execution of six months to imprisonment for a violation of the Road Traffic Act (Refusal of measurement) at the Incheon District Court on May 2, 2019.

【Criminal Facts】

On October 14, 2019, at around 02:15, the Defendant driven a C QM3 car without obtaining a driver’s license in the state of under the influence of alcohol concentration of approximately 5 km from the front line of the So-called Michuhol-gu Incheon, Incheon to the front line of the Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the same type of criminal records and facts during the period of suspension of execution);

1. Relevant provisions of Article 148-2 (1) and 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 the facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

1. Notwithstanding the majority of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the same criminal defendant who repeats the same crime during the suspension of execution is bound to be punished by imprisonment.

However, the sentence of imprisonment with labor for not more than one year shall be determined within the scope of discretionary mitigation in consideration of the age, character and conduct, environment, family relationship, circumstances after the crime, etc. of the defendant appears to repent of the defendant's mistake.