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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 1, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act, etc. in the Suwon District Court's Ansan Branch.
On January 14, 2020, at around 23:17, the Defendant, at around 300 meters from the 300-meter section from the road in Ansan-si, a member-gu, Agsan-si, Agsan-si, to the front road, violated the Egym alcohol concentration of about 0.202% without a driver's license, and carried out a non-exclusive driver's license at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Records of drinking tests, reports on the results of the control of drinking driving, and circumstantial statements of drinking drivers;
1. A report on investigation (a criminal suspect's investigation into drinking spring after an accident);
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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 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 overall circumstances, such as the fact that the punishment of ten times due to the driving without a license for drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act was again imposed, and the blood alcohol concentration is very high to 0.202% and the suspended sentence was imposed due to a driving without license for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that there was no record of being punished in excess of the fine, except for those