A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On December 20, 2006, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) in the Seocho District Court’s Seocho Branch on December 20, 2006, and a fine of KRW 1,50,000,000 to a fine of violation of the Road Traffic Act (driving) at

【Criminal Facts】

On March 16, 2019, around 07:20, the Defendant driven a knife vehicle under the influence of alcohol content of 0.120% without obtaining a driver’s license from the section of approximately 1.5 km in the direction of the D Motion Pictures located in Dai-si, Young-si, 07:28 on the same day to the front road of the D Motion Picture.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol without a driver's license in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report of a drinking driver, the circumstantial report of a drinking driver, the notification of the results of the crackdown on drinking driving, the register of driver's licenses, and the investigation report (related to confirmation as to whether a suspect's license

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing conditions of Article 62-2 of the Criminal Act with regard to community service and order to attend lectures shall be determined as ordered in consideration of the overall sentencing conditions, such as the defendant's blood, alcohol and alcohol concentration level at the time of the instant case.

The defendant's mistake is recognized as favorable circumstances.

Unfavorable circumstances: The defendant committed the same kind of crime even though he/she had been sentenced to a fine twice due to the crime of drunk driving.

The life, body, and property of a third party without a license for a drunk driving.