A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 17, 2019, the Defendant issued a summary order of KRW 7 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.

Nevertheless, on December 13, 2019, at around 19:05, the Defendant driven a motor vehicle with a f highest alcohol level of 0.169% under the influence of alcohol level at approximately 100 meters from the Do in front of the Cheongju-gu, Chungcheongnam-gu, Cheongju-si, to E front of the Cheongju-gu, Cheongju-gu, D without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of drinking control and circumstantial statement;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (Attachment of copies of a summary order of the same previous crime);

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 social consensus that the harmful effects caused by the reason of sentencing under Article 62-2 of the Criminal Act and the high recidivism rate of drinking drivers are formed and implemented by the amendment of the law that reflects the social consensus that the punishment for drinking drivers should be strengthened due to the seriousness of the harmful effects caused by drinking driving. The recent history of drinking driving is driving a vehicle again under the influence of drinking and without a license despite the fact that the defendant has a recent record

In that it causes traffic accidents, it is necessary to punish defendants strictly.

However, the fact that the defendant recognized each of the crimes of this case and against the mistake that the defendant did not repeat the crime is committed, and that the criminal record of the above drunk driving is a fine, and that there is no other specific penalty power than twice the fine, etc., and the punishment shown in the records and arguments of this case, such as the defendant's age, character, character, environment, family relationship, and circumstances before and after the crime, etc.