A 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

On December 20, 2017, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime in the same court on September 29, 2014, respectively.

On October 15, 2020, the Defendant, without obtaining a driver’s license of a motor vehicle on October 15, 2020, driven the B-learning motor vehicle under the influence of alcohol of about 0.148% in blood alcohol concentration to the roads near the 163 Gyeong-ro 65, Gyeong-ro, 163 at the same city-ro, Namyang-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's report on the situation of his/her oral statement in his/her courtroom and the report on the situation of his/her driving;

1. The register of driver's licenses reporting on drinking control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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. The defendant's reason for sentencing under Article 62-2 of the Criminal Act is heavier than the defendant's liability for the crime of this case, taking into account the risk or the nature of the crime of this case where he/she drives without a license under drinking again, even though he/she had a history of criminal punishment twice

In full view of the fact that the defendant recognized the crime, the defendant's criminal records, blood alcohol concentration, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol, etc., the sentence is ordered as per Disposition, taking into account the following factors.