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

Punishment of the crime

[Criminal Power] On July 2, 2019, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Western District Court on March 11, 2020, and the judgment became final and conclusive on March 11, 2020, and was released by the Seoul Southern District Court on November 1, 2019.

【Criminal Facts】

On October 10, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act by Seoul Southern District Court.

Nevertheless, around August 26, 2020, the Defendant driven a car at Category C NA-si without a driver's license, while under the influence of alcohol leveling 0.144% from the 3km section from the Do in the Eunpyeong-gu Seoul Metropolitan Government to the same Gu B apartment.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records before and after judgment: Criminal history records, investigation reports (attached to a summary order for sound driving), summary order, investigation reports (the fact that the period of repeated crime is in progress, the fact that the period of suspended execution has elapsed), and the application of Acts and subordinate statutes concerning the status of confinement

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. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and licenseless driving need to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

Since 2017, the defendant was punished five times for driving without a license (including a type once, a suspended sentence) and was punished once for driving without a license in 2013. In particular, the defendant was sentenced to a punishment for driving without a license in 2019.