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 April 7, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, a summary order of KRW 1,500,000 for a fine for the same crime at the same court on May 10, 2017, and a summary order of KRW 5 million for the same crime at the same court on March 22, 2018, respectively.

[2] On October 7, 2020, the Defendant driven a FIstam car under the influence of alcohol leveling 0.207% without obtaining a driver's license from the front of convenience store in Busan City, 00:39, to the front of the E in the north-gu, Do., the Defendant driven a FIstam car under the influence of alcohol leveling 0.207%, without obtaining a driver's license.

As a result, the Defendant violated the prohibition on drinking at least twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's statutory statement drinking alcohol driving control report, the driver's license register for the vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation status (Attachment to drinking driving force);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant, while his previous license was revoked due to driving under the influence of alcohol, has been punished four times by a fine due to driving under the influence of alcohol or driving without a license, including the previous conviction in the judgment.

In addition, the Defendant caused the collision of traffic sign columns installed by the instant crime, and the Defendant’s person.