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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant received each summary order of KRW 3 million on November 29, 2006, fine of KRW 4 million on June 15, 2010, and fine of KRW 8 million on November 13, 2012 from the Goyang Branch of the District Court.

On March 23, 2020, around 23:15, the Defendant driven a hybrid vehicle in the Enbrid under the influence of alcohol concentration of about 0.095%, without obtaining a driver’s license, on the front of the “C cafeteria” road located in Yongsan-gu, Yongsan-gu, Yongsan-si B until the same Gu D is on the front road.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and entry in the register of driver's licenses; and

1. Previous records before ruling: Application of each Act or subordinate statute written in four copies of criminal records, repeated statements, and summary order;

1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a drinking operation with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has four times the criminal records of punishment due to drinking driving or driving without a license, etc., and again, driving without a license for drinking, and the drinking water of the crime of this case is not low.

However, the above criminal record has been punished as a fine, and the last one year has passed after the punishment, and there is no other criminal record.

It is hard to say that the defendant does not commit a second offense, and shows the form of reflection against it.

. Other.