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

On August 24, 2011, at the Suwon District Court, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and the summary order of KRW 4 million as a fine in the same court on May 23, 2018, respectively.

On April 8, 2020, at around 03:28, the Defendant driven a DNA-free car under the influence of alcohol concentration of 0.178% without obtaining a driver's license from the front side of Suwon-si B, to the front side of the same Gu C, and without obtaining a driver's license.

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. E statements;

1. Reports on internal accidents and reports on the situation of operating without licenses;

1. Statement of the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and log of measurement records;

1. The register of driver's licenses and car cars registration statement;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is deemed to have a record of driving under the influence of alcohol, and on May 16, 2018, the Defendant, whose driver’s license was revoked on the ground that his/her driving without a license or driving under the influence of alcohol, and the nature of the crime is not somewhat weak, and the numerical value of blood alcohol concentration

The defendant has already been punished three times due to drinking driving or refusing to measure drinking, etc., and the defendant committed the crime of this case again since two years have not passed since he was punished for drinking driving on May 2018.