A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 8, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act by the Incheon District Court, and on November 25, 201, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon, which was issued on November 25, 201, and on June 18, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

[Criminal facts]

1. On December 2, 2020, the Defendant driven a motor vehicle with D-Wing low alcohol level of about 2 km from the lower-speed road in the lower-speed side of Kimpo-si, Kimpo-si, to the front road in Kimpo-si, Kimpo-si B, with approximately 0.06% alcohol level of alcohol level of about 0.06%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license, and driving a motor vehicle with Dialty as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is taking driving, report on the situation of a driver taking driving and report on the situation of a driver without a license, which is inquired of the results of regulating drinking;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

3. Selection of sentence of alternative imprisonment;

4. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

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: The sentencing criteria are not prepared for each crime in each judgment; and

3. The defendant shall be sentenced to a sentence.