A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On December 29, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Seo- Branch Branch, and on November 12, 2014, the same court issued a summary order of KRW 3 million for the same crime, and on August 24, 2018, issued a summary order of KRW 5 million for the same crime at the same court.

【Criminal Facts, despite the fact that the Defendant violated the Road Traffic Act’s provision prohibiting driving under the influence of alcohol, the Defendant driven an E QM6 vehicle without obtaining a driver’s license with a blood alcohol concentration of about 500 meters from the front side of C, located in the Gyeongdong-gun, Gyeongbuk-gun, in around 21:55 on November 19, 2019, to the front side of D, 00 meters away from the 50-meter section, while under the influence of alcohol concentration of about 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking records as a suspect);

1. Relevant provisions of Article 148-2 (1) and 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. Probation and lecture attendance order under Article 62-2 of the Criminal Act has several times the records of punishment for driving under the influence of alcohol, driving without a license, etc., and the unfavorable circumstances such as the occurrence of traffic accidents while driving under drinking or without a license, etc., and the accused confessions the crime and reflects the wrongness of the defendant, etc. In addition, the punishment as ordered shall be determined by comprehensively taking into account the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive of the crime, circumstances after the crime, etc., as shown in the argument of this case.