A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On January 24, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on October 17, 2018.

On July 10, 2019, the Defendant, as a person who violated the prohibition of drunk driving regulations as above, driven B K5 cars while under the influence of alcohol of about 0.153% without obtaining a driver’s license in the section of approximately 2.1km from the distance near the telecom Station located in the Sinpo-gu, Suwon-si, Suwon-si to the right-based streets located in 1323 roads, under the same Sinpo-gu, Young-si, Sinpo-si, and driving B K5 cars under the influence of alcohol concentration of about 0.153%.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of records of measurement of drinking alcohol, results of regulation of drinking driving, and investigation report (report on the status of drinking drivers);

1. Report on the state of operation without a license, the register of driver’s licenses for automobiles, and making an inquiry into the car;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes attached to two summary orders;

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

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation order, order to attend a lecture, or order to attend a community service order, are two times the same grades by punishing the defendant, and since he/she again drives a drinkingless license, it is likely that the defendant might repeat the crime.

The blood alcohol concentration and driving distance are also reasonable.

However, the defendant is divided into the crime of this case and is against the defendant, and there was no personal and material accident.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.