A defendant shall be punished by imprisonment for two years.

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 February 17, 2020, the defendant was given a summary order of a fine of KRW 10 million for a violation of the Road Traffic Act in the credit branch of Suwon District Court on February 17, 2020.

On April 25, 2020, at around 03:10, the Defendant driven a vehicle C-3 vehicle without obtaining a driver's license in the section of about 14km from the northwest-gu Seoul Western-dong to the front road of Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, with a blood alcohol concentration of about 0.184%.

As a result, the Defendant violated the prohibition of drinking driving more than twice and operated the said car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of the drinking driving control;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was issued a summary order of KRW 10 million on February 17, 2020 due to driving under influence on November 24, 2019. However, at the time when two months pass from that time, the Defendant carried out the instant drinking and unlicensed driving, and the blood alcohol concentration at the time of the instant case is very high.

In addition, the Defendant got a central separation zone while driving the instant drinking water, and the Defendant’s vehicle was damaged and its field photograph was very serious at the time.

On the other hand, the defendant again does not commit such a mistake, and there is no record of criminal punishment exceeding the fine, and others favorable to the defendant, such as that there is no record of criminal punishment exceeding the fine.