A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[criminal power] On June 20, 2013, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Yongsan Branch on the grounds of the violation of the Road Traffic Act. On May 25, 2017, the same court was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving). On October 5, 2018, the same court was sentenced to imprisonment of 1 year and 2 months for a violation of the Road Traffic Act and 2 years for a suspended sentence as of October 13, 2018.

【Criminal Facts】

On February 3, 2019, at around 12:10, the Defendant driven the E-Poter truck owned by the Defendant without a driver’s license, while under the influence of alcohol concentration of about 0.081% at a section of about 1km up to D’s front road located in Yongsan-si B, Changwon-si.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle without the driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. Registers of driver's licenses;

1. Records before and after judgment: Criminal records, inquiry reports, application of the relevant Acts and subordinate statutes to each investigation report; 1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act that selects Punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant has already been punished for driving under drinking and driving without a license for driving under the same influence twice.

Among the above criminal records, the criminal records after 2006 have been sentenced to the criminal records as stated and the fine for unlicensed driving in 2017.

A suspended sentence is rendered on the grounds that there has been punishment and, in particular, the driver's license was revoked due to the existing drinking driving.