A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On April 23, 2013, the Defendant issued a summary order of KRW 2 million in the Incheon District Court due to a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on April 23, 2013; the same court on June 28, 2017, upon receiving a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving). On June 3, 2020, the same court on June 11, 2020, sentenced two years of suspended sentence to one year of imprisonment for a crime of violation of the Road Traffic Act (driving) and became final and conclusive on June 11, 2020.

On June 21, 2020, at around 07:20, the Defendant driven a Da QM6 car while under the influence of alcohol level of 0.181% without obtaining a driver's license in the 3km section from the Do in front of Kimpo-si to the front of Incheon Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger and the driver's license ledger;

1. Inquiries, advance report on disposition, report on the results of confirmation, investigation report (electric power), each summary order, and application of statutes governing judgment;

1. Relevant Article 1 of the Addenda to the Road Traffic Act (Act No. 17371 of Jun. 9, 2020), Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act for criminal facts

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

1. Reasons for sentencing selecting an alternative imprisonment with prison labor;

1. Two years and five years, respectively, of imprisonment within the scope of punishment by law; and

2. The sentencing criteria based on the sentencing criteria do not present a majority of the sentencing criteria for commercial concurrent crimes, so the sentencing criteria do not apply to this case.

3. In light of the fact that the defendant, who was sentenced to a suspended sentence, committed a crime of the same kind, was sentenced to a suspended sentence from the court, and the defendant committed a second offense, it is inevitable to sentence the sentence to the defendant.

In addition, the defendant's age and behavior environment, the motive and result of the crime, and the circumstances after the crime are committed.