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

On December 13, 2018, the Defendant issued a summary order of a fine of KRW 3 million at the Cheongju District Court for a violation of the Road Traffic Act, and the same criminal records are added once more.

Nevertheless, at around 00:15 on October 16, 2019, the Defendant driven a motor vehicle in the E Spath under the influence of alcohol concentration of 0.142% without a motor vehicle driver's license in the section of approximately 20 meters from the Do in front of the C cafeteria located in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the social consensus has been formed and implemented to recognize the crimes of this case and to reflect the mistake, and to strengthen the punishment for drunk driving due to favorable circumstances, such as the seriousness of harm caused by drunk driving and the high recidivism rate of drunk drivers, and the revision has been made to reflect such social consensus. The defendant is driving a vehicle under the influence of drinking and non-licenseing even twice even though the record of drunk driving had been two times.

The punishment as ordered shall be determined by comprehensively taking into account the unfavorable circumstances, such as the fact that causes traffic accidents, and other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, and circumstances before and after the crime.