A defendant shall be punished by imprisonment for one year.

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 Power] On January 21, 2008, the Defendant received a summary order of 3.5 million won of a fine for a violation of the Road Traffic Act (Refusal of Measurement) in the Youngcheon District Court’s Monthly Support.

【Criminal Facts】

On July 14, 2020, at around 18:30, the Defendant driven a Dschton car while under the influence of alcohol concentration of about 0.121% without obtaining a driver's license in the section of approximately 3.8 km up to C front Road, Gangwon-gun, Gangwon-do.

As a result, the defendant was driving a vehicle without obtaining a driver's license, and at the same time, violated the prohibition of driving under the influence of alcohol or the duty of police officer to respond to a drinking test at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. Related photographs, reports on the circumstantial statements of a drinking driver, notification of the results of the drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, without a license, driven a car around 3.8 km while under the influence of alcohol with a blood alcohol level of 0.121%.

In 2005, the Defendant was punished for a fine of KRW 4 million due to drinking and driving without a license in 2005, refusing to measure drinking in 2008, and a fine of KRW 3.5 million due to driving without a license.

This blood alcohol concentration, driving distance, contents and distance of previous punishment power, and other factors such as the defendant's age, character and conduct, family relationship, motive, means, and circumstances after the crime.