A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On September 29, 2006, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Cheongju District Court on September 29, 2006, and was issued a summary order of three million won by the same court on May 24, 2018.

【Criminal Facts】

On May 15, 2019, at around 14:32, the Defendant driven a DCo-sports cargo vehicle under the influence of alcohol concentration of about 0.143% without obtaining a driver's license in the section of approximately 1.8km from the front of the B market in Jincheon-gun, Chungcheongnam-gun to the front of the CJincheon-gun, Jincheon-gun.

As a result, the Defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol without a license, in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized as the crime of sentencing and is against the wrongness, personal injury, etc., and the record of punishment several times of drinking driving and non-licenseless driving, including favorable circumstances and previous records of judgment, such as the occurrence of a serious result, etc., and the records of repeated drinking driving in a short period, repeated driving in a short period, and disadvantageous circumstances such as the high blood alcohol concentration, and other unfavorable circumstances, such as the defendant's age, character and behavior