A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. by the District Court of Jung-gu.

1. On July 24, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driving on the road in the direction of approximately 2 km from the front of the road in the Namyang-si to the front of the Namyang-si, Namyang-si, without obtaining a driver’s license, and driving without registration of the 100 Ortoba in the state of under the influence of alcohol of about 0.131%, while under the influence of alcohol.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the prohibition of drinking.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, was driving a non-registered 100 Oral Ba, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site map and on-site photograph;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant, prior to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, shall be sentenced to imprisonment four times with prison labor for the same kind of crime, such as drinking and unlicensed driving, violation of the Guarantee of Automobile Accident Compensation Act, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.