A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On December 9, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and driven D Poter Cargo Vehicles without obtaining a driver’s license within approximately 6 km section from the front of the Gongju-si to the same city C Parking lot.

2. Around December 17, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Defendant driven the D Poter cargo vehicle about two meters without obtaining a driver’s license with a blood alcohol concentration of 0.137% at the above C parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Report on internal investigation (victim E telephone communications);

1. Application of Acts and subordinate statutes on site photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of a sound driving) of the corresponding Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent offenders, the blood alcohol concentration at the time of driving under influence of alcohol for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is significantly high.

Since 2000, the Defendant had been subject to punishment for the 4-timeless driving and the 3-time drunk driving. However, the Defendant again committed the instant crime.

The distance of drinking driving is short, the defendant's mistake is recognized, and there is no record of the same crime for not less than 10 years.

However, it is not reasonable to take once again a defendant who has been subject to punishment of a fine even for the same kind of crime during the period of probation.

Therefore, the sentence of imprisonment shall be imposed, and the sentence shall be determined as ordered in comprehensive consideration of the above circumstances, the defendant's age, character and conduct, environment, occupation, family relation, and various sentencing conditions as shown in the trial process.