A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 5, 2012, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the Jung-gu District Court on December 5, 2012, and the same court on June 8, 2018, sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a Fpoter Ⅱ in a state of under the influence of alcohol 0.216% without obtaining a driver’s license in approximately 500 meters section from the front side of the road in Macheon-si B to the front road in Macheon-si D, 17:50 on February 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing, and the report on the state of the driving under drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by law: One to three years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced to a suspended sentence, was sentenced to a suspended sentence of ten months on June 8, 2018, and was sentenced to a suspended sentence of ten months on the following occasions: (a) around 2004; (b) around 2012; (c) around 2014; and (d) around 2014; and (c) around 2010; and (d) around 8 months after the date of the sentence, the Defendant again committed the instant crime at the time when eight months have not passed since the date of the sentence.