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 November 6, 2015, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch on November 6, 2015, and was sentenced to a fine of KRW 12 million for the same crime at the Suwon District Court on November 1, 2019.

【Criminal Facts】

On May 15, 2020, at around 23:35, the Defendant, while under the influence of alcohol of about 3km from the section of approximately 0.120% of alcohol alcohol to the middle school located in Goju-si, Goju-si, Goju-si, Goju-si, the Defendant was driving a vehicle of about 0.120% of alcohol, without a driver’s license, in violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, list of related cases, one copy of judgment, and application of Acts and subordinate statutes in one summary order;

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 Code of the Social Service Order was that the Defendant, even though having been punished several times due to drunk driving, was driven under the influence of alcohol without a license.

Recently, criminal records are in 2019, and blood alcohol concentration is also high.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime and is against the truth, the occurrence of traffic accidents, and the fact that the punishment of the defendant is not severe.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.