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

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 21, 2017, the Defendant received a summary order of a fine of five million won for a crime of violation of the Road Traffic Act from the Daejeon District Court, and a summary order of a fine of four million won for the same crime in the same court on March 15, 2018, respectively.

[Criminal facts] On March 16, 2020, the Defendant driven D Poter Cargo at a section of about 5 km from Class B road to Category C road without obtaining a driver's license on March 16, 2020, at around 00:19, the blood alcohol concentration of 0.128%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Criminal records, etc. inquiry reports, investigation reports (verification reports on the same criminal records), and application of each summary order statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment or imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;