A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 28, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court's Smuggling support on January 28, 2010, and a fine of 2.5 million won for the same crime, etc. in the same court on May 19, 2010, respectively, and on July 18, 2012, the same court sentenced the suspension of execution three years for a violation of the Road Traffic Act (recing of measurement) at the Daegu District Court on November 30, 2015 and completed the execution of the sentence at the correctional institution on December 18, 2018, respectively.

On September 6, 2020, at around 18:50, the Defendant driven an Eflat-house under the influence of alcohol level of 0.128% without obtaining a driver’s license in a section of about 2 km from September 18, 2020 to around 19:00 on the same day.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, report on the actual condition of driving, and register of driver's licenses;

1. Photographs of the accident site;

1. Application of one copy of the Act and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (verification of the same criminal records, etc.), and personal confinement status;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is not less than the error of the defendant, but not only the same criminal history of imprisonment but also the criminal history of traffic-related crimes over 16 times.