A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On February 1, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Daegu District Court racing support. On January 25, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime from the original branch of the Chuncheon District Court on January 25, 2013, and on June 13, 2019, the Defendant was sentenced to the suspension of the execution for 10 months for imprisonment with labor for the same crime in the Daegu District Court Support, Daegu District Court on June 21, 2019, and is still under suspension of the execution.

【Criminal Facts】

On April 18, 2020, at around 11:05, the Defendant driven a vehicle with a 1 ton freight vehicle of about 2 km from the front day of the racing-si to the front day of the racing-si, the Defendant driven the vehicle without obtaining a driver’s license, while under the influence of alcohol concentration of about 0.148% in the 2km section from the front day of the racing-si to D.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Investigation report (Attachment to the judgment of the suspect on the same kind of crime records, etc. - Court rulings and application of summary order Acts and subordinate statutes;

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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation requires a punishment corresponding to the punishment for the crime that may cause serious harm to the life, body and property of others, and that the defendant has been punished several times due to drinking (the period of probation due to the crime of drunk driving), while drinking or driving without a license, it is inevitable to sentence sentence equivalent to the punishment for the crime.

(b).