Defendant shall be punished by imprisonment for a term of one year and two months.

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

[criminal record] The previous records of driving under influence before June 1, 2006 are excluded.

On February 18, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on February 18, 2008, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the same court on March 23, 2018.

【Criminal Facts】

On February 24, 2020, the Defendant, without obtaining a driver’s license on February 24, 2020, driven an E rocketing vehicle from C adjacent to the Gui Government City B to D, while under the influence of alcohol content of 0.142%.

As a result, the Defendant driven a motor vehicle without a driver's license, while driving a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. On-site photographs of the current status of driving without a license, report on the current status of driving, investigation report (A), and driver's license register;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 was that the Defendant was punished by a fine in 2003, 2008, and 2018 due to drunk driving.

Nevertheless, the driver was driving under the influence of alcohol in the condition of re-license without license.

The same criminal record is the most recent, and the blood alcohol concentration of this case is also high.

After the alcohol alcohol measurement, the Defendant also viewed the police officer to take action, such as resisting and taking a bath.

However, the defendant is recognized to commit the crime.