A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[Criminal Power] On June 28, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Jeonju District Court, and on December 9, 2015, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with prison labor for the same crime at the Suwon District Court.

【Criminal Facts】

On September 28, 2019, at around 01:15, the Defendant driven B rocketing car without obtaining a driver's license in the state of alcohol alcohol concentration of about 300 meters from the section of approximately 300 meters from the water source transfer road in the same Dong to the water source viewing road in the same Dong.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A notice of the results of drinking driving control and a record of drinking measurement;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and investigation reports (Attachment to the same attached records, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, and the order to attend a community service order, had a record of being punished three times due to drunk driving, such as one time of suspended sentence, but was driven under the influence

In the case of a criminal record before probation, the defendant was faced with a stay of execution, even though the nature of the crime was extremely poor, due to the case where he escaped while driving a motor vehicle as it was. Nevertheless, the crime of this case has not been committed for several years.

It can be seen that there are no low blood alcohol concentration and all circumstances that can be taken into account in the circumstances of the drinking driving.