A defendant shall be punished by imprisonment for one year.

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 August 24, 2012, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 24, 2012, and on April 5, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on April 5, 2013, and on June 30, 2017, the Defendant was sentenced to 9 months of imprisonment and 2 years of suspended sentence.

Nevertheless, at around 22:13 on July 14, 2019, the Defendant driven a DNA-learning car under the influence of alcohol 0.173% of alcohol concentration without obtaining a driving license from around 100 meters from the front of Gyeonggi-si B to the front of Gyeonggi-si C.

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. Reporting on detection of a person who violates the Road Traffic Act;

1. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, and a report on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions: A written inquiry results, each summary order, and application of each statute of the judgment;

1. Relevant provisions of Article 148-2 (1), 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 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. 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 under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant once again driven a drinking without a license even though six times of driving alcohol, and six times of driving without a license. At the time of driving, the blood alcohol concentration was considerably high.

However, the section of drinking driving is relatively short.

Such circumstances, the age, character, environment, circumstances after the crime, etc. of the defendant.