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] The Defendant had two criminal records before driving under the same kind of alcohol, including having received a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) in the support of the Suwon District Court on August 30, 2018.

【Criminal Facts】

On April 16, 2020, the Defendant driven a DNA-learning vehicle with approximately KRW 900 meters distance from the roads adjacent to the Gu Office B during Ansan-si to the roads adjacent to the same Gu Office Btel, without obtaining a driver's license, while under the influence of alcohol concentration of 0.128%.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, investigation reports, and notification of the results of the control of drinking driving;

1. License register;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 is that the Defendant was subject to each criminal punishment once due to driving without license on two occasions due to drinking without license at the same time, and the blood alcohol concentration level at the time was considerably high. In addition, considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the crime is not less complicated.

However, considering the fact that the defendant is led to confession and reflect, there is no previous conviction in excess of the fine, and the fact that the accident does not lead to a multi-accident, the age, attitude, environment, driving circumstances and distance of the defendant.