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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On December 15, 2017, the Defendant received a summary order of KRW 7 million as a crime of violation of the Road Traffic Act (driving on Motor Vehicle) from the Jung-gu District Court.

【Criminal Facts】

On August 23, 2019, around 15:12, 2019, the Defendant driven a sports vehicle C in the state of alcohol with a blood alcohol concentration of 0.182% without obtaining a driver's license in the section of about 3 km from the scuk ginseng on the Scuk-ri, Scuk-si, Scuk-si, the front side of Sincheon-si, to the front side of Sincheon-si B.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report;

1. Report on the current status of operation without a license, making a proper inquiry, and making a license inquiry;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. 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 is that the defendant committed the crime of this case even though he was punished for drunk driving in 2017 and the license was revoked due to the above drunk driving, the same criminal record of the defendant was the most recent, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration the following factors.