However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

[Criminal Power] On January 9, 2007, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act by this court.

【Criminal Facts】

On January 10, 2020, at around 03:49, the Defendant driven a Crodic car with blood alcohol concentration of 0.198% under the influence of alcohol without obtaining a driver's license in the 2km section from the Do near Yongsan-gu Seoul Metropolitan Government to the roads in front of the Seoul Jung-gu B building.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Publication of the results of the measurement of drinking alcohol, notification of the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Registers of driver's licenses and disqualified meetings of the main office;

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

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing [the scope of punishment] under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the application of sentencing guidelines] two to five years (whether or not the sentencing guidelines are applied] of imprisonment, each of the crimes of this case is not set. Thus, the sentencing guidelines are not applied.

[Decision of Sentence] The Defendant, for a two-year period of suspended sentence, has had the history of criminal punishment several times due to drunk driving and driving without a license, committed each of the crimes of this case, and the blood alcohol concentration is very high.