Defendant shall be punished by imprisonment for a term of one year and six months.

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 power] On December 18, 2006, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine of KRW 1,000,000,000 for a violation of the Road Traffic Act; on August 20, 2008, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act; on November 9, 2018, the Ulsan District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

At around 03:30 on October 8, 2019, the Defendant driven a E-car under the influence of alcohol with approximately 50 meters alcohol concentration 0.120% without obtaining a driver's license from the 50-meter section from the front to the front road of the D points in C.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at least twice, violated Article 44 (1) or (2) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, the statement on the circumstances of drinking drivers [the previous record] criminal records, etc., and the application of a summary order under statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant again committed the instant crime even though he/she had a record of having been punished four times or more as a drinking-driving crime.

However, there are various sentencing factors, such as the accused's confession to commit the crime of this case, the fact that there is no record of punishment exceeding the fine for the same crime, the three times of the same crime has been punished prior to 10 years, the fact that the minor is raising the minor, the age, environment, blood alcohol concentration and driving distance, and the circumstances after the crime.