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 record] On November 16, 2017, in light of evidence of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Gwangju District Court, it is clear that the “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” written indictment is a clerical error.

On November 24, 2017, the Road Traffic Act was sentenced to a suspended sentence of 4 months due to the violation of the Road Traffic Act.

【Criminal Facts】

On November 14:53, 2019, the Defendant driven a motor vehicle in the direction of alcohol leveling to 0.058% under the influence of alcohol leveling from 0.058% to 10km from 20km to D in the Haan-gun, Hanam-gun.

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. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, investigation reports [including confirmation of the fact of crime during the period of suspension of execution of sentence (including attached case summary inquiry and judgment] 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 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. Article 62 (1) of the Criminal Act;

1. The crime of this case committed each of the crimes of this case while driving a vehicle without drinking alcohol without any reflective force, as stated in the judgment of the reasons for sentencing Article 62-2 of the Criminal Act, and each of the crimes of this case was committed in light of the unfavorable circumstances, such as the fact that each of the crimes of this case was committed during the period of probation that should have been tried more among the persons, the necessity for strict punishment against the defendant is.