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 became final and conclusive.

Punishment of the crime

[criminal power] On October 27, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 27, 2014, and a summary order of KRW 11 million for the same crime at the same court on January 16, 2020.

【Criminal Facts】

On August 10, 2020, the Defendant driven a fwing 3 truck under the influence of alcohol alcohol concentration of 0.158%, without obtaining a driver’s license, from the front of convenience stores in Soyang-gu, Soyang-si B to the Ein-Gu front of the Ein-Gu located in D at approximately 300 meters.

In this respect, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. A written statement of the defendant in court;

1. The actual condition survey report, an accident site photograph, a report on the circumstantial statement of a drinking driver, an investigation report, investigation report on the control of drinking drivers, inquiry into the results of the crackdown on drinking driving, the register of driver's licenses (Evidence No. 13), an accident video CD;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152, 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 the sentencing of Article 62(1) of the Criminal Act on the suspension of execution is highly likely to be criticized because of the high risk of infringing the life and property of others as well as itself.

In this year, the Defendant committed a second offense even though he had a record of driving under the influence of alcohol, and it also committed a crime without a license.

In light of these circumstances, the responsibility for the crime is hot.

However, the driving distance is relatively short.

The defendant recognizes his criminal facts.

In addition, the defendant's drinking water and operation of this case.