A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On September 20, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 20, 201, and on September 17, 2014, the same court issued a summary order of KRW 2 million for the same crime.

【Criminal Facts】

The Defendant is a person who is engaged in driving a car in K3 vehicle volume.

On July 27, 2020, at around 23:10, the Defendant driven B K3 cars under the influence of alcohol with approximately 200 meters alcohol concentration 0.173% without obtaining a driver’s license from the front of a place where it is impossible to identify a place below the Incheon Yeonsu-gu Incheon Metropolitan City, to the front of “D” in Yeonsu-gu, Incheon.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records of judgment on the ledger of driver's licenses (A) and written reports on driving a motor vehicle: Application of Acts and subordinate statutes on criminal records, reply reports, investigation reports, and investigation reports;

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime (the point of driving without a license)

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures and the crime of drunk driving or unlicensed driving need to be punished for the sake of the risk of damaging the life and body of others as well as himself/herself.

Although the Defendant had been punished several times due to drinking driving and driving without a license, the Defendant committed the instant crime.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and there is no penalty power exceeding the fine for the same crime.