A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 5, 2004, the Defendant was sentenced to a suspended sentence of 2 years for the crimes of violation of the Road Traffic Act at the Busan District Court on June, 2004, and on February 8, 2012 at the above court on the same crimes, 2 years of the suspended sentence of 8 months for the same crimes, and on November 28, 2012, 6 months of imprisonment for the same crimes, etc., and 9 times of punishment for the same crimes. On October 25, 2019, the Defendant was sentenced to a suspended sentence of 3 years for 2 years for the crimes of violation of the Road Traffic Act at the Busan District Court on November 2, 2019, and the judgment became final and conclusive on November 2, 2019.

On March 30, 2020, at around 00:36, the Defendant driven a Don-do car with a blood alcohol concentration of about 0.220% without obtaining a driver's license from around 70 meters to the same Gu C, from the road in front of Busan Dong-gu, Busan.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of investigation reports (period of stay of suspect execution and confirmation of the same kind of power);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is not only several times the defendant was punished for the same kind of crime, but also the defendant again committed the crime in this case even though he/she had been under the suspension of execution due to the same kind of crime, he/she did not repeat again, such as the defendant's blood alcohol concentration, the defendant's disposal of vehicle, etc., and reflects the defendant's age, character, conduct, environment, etc.