A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 22, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Gwangju District Court’s support for the promotion of the head of Gwangju District Court, and on June 1, 2017, on August 30, 2017, the said suspended sentence was invalidated upon being sentenced to six months of imprisonment with prison labor for the same crime, etc. in the same court, and the said judgment became final and conclusive on August 30, 2017. On January 30, 2018, the remaining period of imprisonment was expired on April 3, 2018.

【Criminal Facts】

On April 18, 2019, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven a D-to-purd vehicle with D-to-purd vehicle with approximately 10km alcohol concentration of about 0.120% while under the influence of alcohol without obtaining a driver's license in the section of about 10km from the front of the C Hospital located in Heung-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the front of the Egymsan-ri 934-7.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, investigation reports (a confirmation of the result of the search of sentenced persons, reporting on the period of repeated crimes and reasons for sentencing, and copies of judgments of the same kind of power, etc. attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, including the record of the crime indicated in the reasoning for sentencing Article 35 of the Criminal Act, had already been punished several times for the same crime, among which, the Defendant also included a sentence, and the Defendant committed the instant crime at the same time during the period of repeated crime, and the Defendant was sentenced to a sentence by an act of unlicensed or able driving prior to the instant crime. The said vehicle was at that time.