A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On January 10, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Gwangju District Court on April 15, 2018, and completed the execution of the sentence on April 15, 2018. On November 22, 2018, the same court sentenced four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence on March 21, 2019.

【Criminal Facts】

On March 23, 2019, at around 05:13, the Defendant driven an Eststya car with approximately 900 meters section from the Seo-gu, Seo-gu, Gwangju to the same Gu C, without obtaining a driving license, while under the influence of alcohol concentration of 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Registers of driver's licenses;

1. Criminal records: An inquiry letter, current status of personal confinement, and application of each statute of a judgment;

1. Relevant Article 148-2 (2) 2 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 (Punishment for a violation of the Road Traffic Act with heavier punishment among the above crimes) of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment with prison labor chosen;

1. As seen in the record of the crime in the judgment on the reason of sentencing, the Defendant, even though having been sentenced to a punishment due to drinking or unlicensed driving, was again involved in driving without a license during the period of a repeated offense and eventually caused a traffic accident while driving without a license during the period of a repeated offense, as seen in the judgment on the reason of sentencing.

(F) After the execution of the sentence has been completed, the criminal defendant committed a violation of the Road Traffic Act (unlicensed Driving) and the crime of this case, which are all committed during the period of repeated crime, and is under the influence of drinking or unlicensed driving without any reason.