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 December 3, 2019, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 12, 2020, at around 13:20, the Defendant driven C Poter truck with a blood alcohol concentration of about 0.077% under the influence of alcohol without obtaining a driver's license from a section of approximately 1km from the front of the Incheon Cheongjin-gun, Incheon to the front of the main office of the Korea Coast Guard, 518-No. 3, 202.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. For the accused's statutory statement of driver's license in the ledger of driver's license, the circumstantial statement of the driver's license, the previous records indicated in the ruling on circumstances of driving without a license: Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (reports on attachment to the list of related cases, confirmation of the

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act, and the crime of drunk driving or unlicensed driving, need to be strictly punished for not only the principal, but also the risk of harming the life and body of others.

The Defendant committed the instant crime even though he had a record of punishment for drinking driving.

On the other hand, it is reasonable to consider that the defendant is old, and that the defendant is recognized as committing the crime of this case and is against the law.

Other crimes of this case after the distance and time of the defendant's driving, and the last same kind of force.