A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On February 22, 2007, the defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Youngcheon District Court's monthly support, and on August 20, 2007, the defendant has a record of being issued a summary order of 700,000 won for the same crime in the same court.

【Criminal Facts】

On November 30, 2019, at around 22:40, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.171% without obtaining a driver's license in the section of about 500 meters in front of the original city B apartment in the front of the same city.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license, even though he had the history of punishment for drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A driving license register, etc.;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of crime as a suspect);

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. 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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Defendant has been punished several times for the same crime.

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