The punishment of the accused shall be determined by two years of imprisonment.

However, the execution of the above punishment for three years from the date of the final judgment.

Criminal facts

[Criminal Power] On October 12, 2007, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Chungcheong District Court of Chungcheongju on October 12, 2007. On October 29, 2008, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 8, 2020, the Defendant, without obtaining a driver’s license at around 00:15, driven a gallon vehicle at approximately 350 meters away from the road near the “C school” located in Chungcheongnam-si, Chungcheong-si, Chungcheong-si, Chungcheong-si, Chungcheong-si to the road near the “E” restaurant.

Accordingly, the defendant was driving a motor vehicle without obtaining a driver's license at the same time in violation of the prohibition on drinking.

Summary of Evidence

1. Investigation report of the defendant's legal statement, the driver's license register of the driver's license to notify the results of the control of drinking and driving, etc.;

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

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant was subject to criminal punishment twice due to drinking and driving without a license even though he was sentenced to criminal punishment on two occasions.

Considering the circumstances of drinking driving at the time, the degree of driving, and the fact that the driver stops in the middle of the road, the nature of the crime is not good.

The defendant recognizes his wrongness and reflects his attitude in this court.