Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[criminal power] On April 15, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on April 15, 2008; on February 13, 2014, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on February 13, 2014; on June 27, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of six months; on November 15, 2019, the Defendant was sentenced to a suspended sentence of three years for a period of one year and six months.

【Criminal Facts】

On September 4, 2020, around 15:25, the Defendant driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

In this respect, the Defendant violated Article 44 (1) of the Road Traffic Act at least twice, and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement report on the circumstances of the driver who takes the main oral statement, the report on the circumstances of the driver who takes the main driving, the notification of the results of crackdown on drinking;

1. Investigation reports (verification of criminal records and the period of suspension of execution), inquiry reports, and the application of Acts and subordinate statutes;

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 the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has the history of having been punished five times due to a drunk driving, and the two times among them are the history of having been sentenced to a suspended sentence of imprisonment in the year 2014 and 2019, respectively.

Nevertheless, the Defendant was driving under the influence of alcohol while his license was revoked during the period of suspension of execution.