A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On August 14, 2014, the Defendant was sentenced to a fine of three million won for the violation of the Road Traffic Act (driving) at the Gwangju District Court on April 25, 201, a fine of three million won for the same crime in the same court on April 25, 2017, and a suspended sentence of eight months for the same crime in the same court on November 30, 2017.

【Criminal Facts】

On August 21, 2020, the Defendant, without a driver’s license on August 19, 2020, driven a F typ vehicle under the influence of alcohol concentration of approximately 0.045% from the front side of the “C” located in Gwangju Dong-gu, Gwangju to the front day of the E-mail located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Electronic data on circumstantial statements of a host driver (license, tea, etc.);

1. Previouss before judgment: Application of criminal records, inquiry reports, and investigation reports (report attached to judgment)-related Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant committed the instant crime in a relatively short period despite the fact that he/she was sentenced to a suspended sentence of imprisonment due to a drunk driving crime, as stated in the criminal records in the judgment of the Defendant; (b) the Defendant was sentenced to imprisonment with prison labor; (c) the Defendant is recognized to commit the instant crime; (d) the Defendant is determined as the sentence by taking account of the following factors: (e) the motive and circumstance leading up to the instant crime; (e) the circumstances after the instant crime; (e) the degree of the criminal