A defendant shall be punished by imprisonment for two years.

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

On November 2, 2010, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Chuncheon District Court, and a summary order of KRW 5 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court on May 29, 2019, respectively.

On July 7, 2019, at around 00:47, the Defendant driven Cschnton car in a drunken state with the blood alcohol concentration of about 0.134% without obtaining a driver's license from approximately 17 km section from the front line of the French-si, Sincheon-si to the front line of Sincheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Photographs at the time of drinking control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) and 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was punished for drunk driving even before.

In particular, on May 19, 2019, the Defendant was discovered to drive under the influence of alcohol and the license was revoked, and the Defendant was issued a summary order of KRW 5 million on May 29, 2019.

Nevertheless, at the time of the absence of two months from the Defendant, the Defendant diversed in the vehicle where the starting dong turn on while driving under the driver’s license with the blood alcohol concentration of 0.134% again.

It is necessary to punish the defendant strictly.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

All the conditions of sentencing, including the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, the environment, and the criminal record.