A defendant shall be punished by imprisonment for one year.

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 June 5, 2019, the Defendant issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act at the District Court of Jung-gu on the 15th of the same month, and the said summary order became final and conclusive on the 15th of the same month.

On September 1, 2019, the Defendant, without a driver’s license on September 1, 2010, driven a 300-meter DNA car from the roads front of the southyang-si Bitro 0.184% of blood alcohol concentration to the roads front Citan-si, Nam-si without a driver’s license on September 1, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. The application of Acts and subordinate statutes on criminal records, etc., reporting on the investigation report on criminal records, before disposition, results of confirmation, and summary order;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, on May 18, 2019, was sentenced to a summary order around June 2019, as stated in the facts constituting a crime, after driving under the influence of alcohol and received a summary order. On September 1, 2019, the Defendant committed the instant crime on or around September 1, 2019, for which four months have not passed since the license was revoked due to driving under the influence of alcohol.

In that the distance between the previous punishment force and the instant punishment is very short, criticism is highly likely, and the blood alcohol concentration in the instant case is 0.184%.

However, considering that the defendant shows an attitude against the defendant.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of the defendant, and various sentencing conditions shown in the records and arguments of this case.