A defendant shall be punished by imprisonment for two years.

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

On January 17, 2020, the Defendant was sentenced to a fine of KRW 15 million as a crime of violating the Road Traffic Act, in the support of the Daejeon District Court on January 17, 2020.

On August 26, 2020, the Defendant, without obtaining a driver’s license on August 26, 2020, driven C Kanche vehicle at approximately 2 km from Dong-gu to Dong-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Yan-dong, Seoul, under the influence of alcohol content of 0.171%.

As a result, the Defendant, even though he had a history of punishment for drinking driving, has driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report prepared in D;

1. The circumstantial statement of the employee;

1. An accident site photograph;

1. The actual survey report on traffic accidents;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of judgment), and application of one copy of judgment to 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;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment).

3. Selection of sentence of alternative imprisonment;

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

5. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: Each offense in the holding of the sentencing criteria is not prepared.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

The defendant is punished as a drunk driving as stated in the ruling, but one year has not passed since he was punished as a drunk driving, and the liability for the crime is not less complicated by driving without a license.

The blood alcohol concentration is relatively high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

3. 1 time;