A defendant shall be punished by imprisonment for a term of one year and two months.

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 November 8, 2017, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 8, 2017 and a fine of three million won for the same crime at the same court on November 21, 2018.

On August 9, 2020, the Defendant, without obtaining a driver’s license at around 02:30 on August 9, 2020, driven CK7 car at a section of about 10 meters in front of Suwon-gu, Suwon-si, Suwon-si, with a blood alcohol concentration of at least 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 under Article 62-2 of the Criminal Act on probation, order to attend a lecture, or order to attend a community service order was found to have been punished three times in 2017, 2018, and 2019 on the condition of a driver’s license without a license, and the occurrence of a traffic accident also occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and is against the truth, that only minor physical damage has occurred due to traffic accidents, that the damage has been recovered, and that there is no record of criminal punishment except for the same kind of criminal record, the sentence of the defendant's sentence is considered harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.