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

[criminal power] On July 30, 2010, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court branch on July 30, 2010; on September 30, 2010, the same court issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (Refusal of Drinking Measures); and on July 13, 2018, the same court was sentenced to a fine of KRW 6 million as a crime of violation of the Road Traffic Act (Refusal of Drinking Measures) in the same court.

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) or (2) of the Road Traffic Act not less than twice, and driving C Dok-type car under the influence of alcohol 0.080% without obtaining a driver’s license in the section of about 4km from around 14:10 on November 22, 2019 to around 14:10 on the roads in front of Gohap-gun, Gohap-gun, the same military funeral village.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a sound driving, and the point of a driving without a license) Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant was punished three times due to drinking or refusing to measure drinking, and the defendant was sentenced to a summary order of a fine of two million won due to a driving without a license on April 30, 2019, and drinking and driving without a license on the same vehicle on the same occasion;

I. favorable sentencing factors: The fact that the defendant acknowledges and reflects his mistake, that the defendant supports his mother, and that the defendant's will want to take the action.