A defendant shall be punished by imprisonment for one year.

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 July 24, 2009, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Changwon District Court on July 24, 2009, and was sentenced to a suspended sentence of three times in total.

On August 19, 2020, the Defendant, at around 10:50, driven a 300-meter road in the vicinity of the Defendant’s residence in the Haban-gun B from around 10:0 to the front of the D community hall located in C, without a driver’s license, drive the Haban, while under the influence of alcohol with a blood alcohol content of about 0.186%, without a driver’s license, on the road within approximately 100 meters from the above community hall to E.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, and register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act, which provide applicable legal provisions and select punishment for the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the suspended sentence of imprisonment, led to the instant crime even though the Defendant had been punished three times due to driving without a license for drinking alcohol, including a suspended sentence of imprisonment.

The blood alcohol concentration level is very high, and as a result, an accident that leads to the stobane has occurred.

There is no driver's license obtained.

However, the defendant stated that he is aware of and against the facts of crime.

The same criminal history has been relatively old.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.