A defendant shall be punished by imprisonment for two years.

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 January 9, 2007, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act by this court.

【Criminal Facts】

On January 10, 2020, at around 03:49, the Defendant driven a Crodic car with blood alcohol concentration of 0.198% under the influence of alcohol without obtaining a driver's license in the 2km section from the Do near Yongsan-gu Seoul Metropolitan Government to the roads in front of the Seoul Jung-gu B building.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Publication of the results of the measurement of drinking alcohol, notification of the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing [the scope of punishment] under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the application of sentencing guidelines] two to five years (whether or not the sentencing guidelines are applied] of imprisonment, each of the crimes of this case is not set. Thus, the sentencing guidelines are not applied.

[Decision of Sentence] The Defendant, for a two-year period of suspended sentence, has had the history of criminal punishment several times due to drunk driving and driving without a license, committed each of the crimes of this case, and the blood alcohol concentration is very high.