A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Power of violation of Article 44 (1) of the Road Traffic Act] On June 4, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the Gwangju District Court on April 11, 2017, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on April 22, 202, and on January 22, 2020, the same court was sentenced to a suspended sentence of 1 year and 6 months.

【Criminal Facts】

On April 4, 2020, the Defendant, while under the influence of alcohol 0.096% without obtaining a driver’s license at around 17:30, driving a Hpoter cargo vehicle at approximately 18 km from the front of the Gwangju Mine-gu B apartment road in the same Gu C, through the front road in front of the Defendant’s residence located in the Jeonnam-gun E, to the front road of the “Gpoter store” located in the Gwangju Mine-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Investigation report (related to the verification of CCTVs against moving ships of suspects);

1. Relocation routes of the suspect;

1. Notification of the results of the drinking driving control, and the inquiry into the results of the drinking driving control (Evidence No. 7, 13);

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes governing judgment;

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 defendant of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances explaining the sentencing following the reasons for sentencing) is three times as a drunk driving in violation of Article 44(1) of the Road Traffic Act, and one time as a drunk driving prior to the sentencing.