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

On November 9, 2009, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine of KRW 1,000,000,000 as a crime of violating the Road Traffic Act (driving). On March 14, 2016, the summary order of KRW 3,00,000 as a fine of KRW 1,00,00 for the same crime, and on December 8, 2016, the same court issued a summary order of KRW 5,00,000 as a fine for the same crime.

On September 6, 2020, the Defendant driven B K5 vehicle under the influence of alcohol level of 0.184% while under the influence of alcohol level of 0.184% while under the influence of alcohol level of 0.184% without obtaining a driver's license, from the area of approximately 1km of Hansan-dong, Chungcheongnam-gu, U.S., U.S. (U.S.) to the long distance of about 195 of the Han River village of 195.

As a result, the Defendant transferred a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal notice of the result of regulating driving of alcohol and the statement of the situation of the driver's driver's license register;

1. Previous conviction: Application of one copy of the Acts and subordinate statutes, respectively, of inquiry about criminal history, investigation report (report on criminal suspects' criminal records and traffic offenses), and three outputs of summary order;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that there are several times the past 15 years, which was sentenced to a fine due to drinking or non-licenseing driving during the period of 15 years, and the drinking volume in this case is considerably high, so there is a need for a strict punishment.

However, considering the fact that the risk of drinking driving, such as the occurrence of a traffic accident, is not realized, there is no criminal history exceeding fines, and there is against the mistake.

The age, social living relationship, and circumstances before and after the crime are committed.