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 June 19, 2014, the Defendant was issued a summary order of a fine of three million won by the Cheongju District Court for a crime of violation of the Road Traffic Act, and on June 28, 2018, the Defendant was issued a summary order of a fine of four million won by the same court.

On November 9, 2019, at around 00:21, the Defendant driven a vehicle EK5 vehicle from around about 500 meters from the front of the Seo-gu apartment site B in the Cheongju-si to the roads adjacent to the D History located in the same Gu C, while under the influence of alcohol by 0.15% with a blood alcohol concentration without obtaining a driver's license.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol without a driver's license in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses (A);

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), and the application of 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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that at the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high, and the Defendant has been punished twice for the same kind of crime.

On the other hand, there is no penalty ability exceeding a fine for the defendant, and the defendant has to live faithfully for family as the most supported by his/her family without reoffending in the future.

In addition, the punishment shall be determined as ordered in consideration of all the conditions of sentencing shown in pleadings, such as the age, character and conduct of the accused, and motive for committing the crime.