A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 8, 2010, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on Incheon District Court on September 23, 2013, and was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch Branch on September 23, 2013, and on July 7, 2017, the Defendant was sentenced to imprisonment of KRW 8 months and suspension of execution on July 15, 2017.

On July 3, 2019, the Defendant, without obtaining a driver’s license at around 00:35, driven a D low-speed car in the state of alcohol alcohol concentration of about 0.059% in the section of approximately 40 meters from the offline B around Seocheon-si to the front road in Seocheon-si.

As a result, the Defendant again driven a motor vehicle without a driver's license, in violation of the prohibition of drunk driving, as a person who violated the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to written judgments, etc.), written judgments, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant committed the crime of drunk driving and without obtaining a license even though he had had the record of three times of punishment due to drunk driving. The crime of this case is a crime committed during the period of probation for the same kind of crime as indicated in the judgment, and is operated at the time of the previous punishment.