A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On June 15, 2017, the Defendant was sentenced to a suspended sentence of two months for a crime of violation of the Road Traffic Act at the Gwangju District Court, and was sentenced to a suspended sentence of two million won on June 23, 2017, and a summary order was issued on October 6, 201 by the same court as the same crime.

【Criminal Facts】

On June 16, 2019, at around 21:10, the Defendant driven an E-motor vehicle under the influence of alcohol concentration of 0.220% without obtaining a driver’s license from the front of the “C” road in Seo-gu, Seo-gu, Gwangju to the front of the “D apartment” road in Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

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: Inquiry reports, written judgments, and application of summary order statutes;

1. Relevant 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. Aggravation of concurrent crimes under Articles 40 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than that of a heavier punishment);

1. As seen in the record of the crime, even though the Defendant was sentenced to a suspended sentence of 2 years in 6 months, the Defendant committed the instant crime of driving without a license during the suspended sentence period, and was sentenced to a suspended sentence of 0.18% since 0.113% and 0.25% after the criminal punishment was imposed on two occasions due to a drunk driving, it is inevitable to sentence the Defendant on the grounds that he committed the instant crime of driving without a license during the suspended sentence period, and that the blood alcohol concentration concentration at the time of the suspended sentence is very high to 0.220%.

In addition, various circumstances that form the conditions for sentencing, such as the motive for drinking driving, the place and distance of drinking driving, the circumstances after the crime, the defendant's age, character and behavior, and the environment.