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 of the final judgment.

Punishment of the crime

[criminal power] On April 1, 2008, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for a violation of the Road Traffic Act in the early branch of the Chuncheon District Court, and on September 15, 201, the same court was sentenced to 6 months of imprisonment and 2 years of suspended sentence for a violation of the Road Traffic Act.

【Criminal Facts】

On April 4, 2020, at around 21:35, the Defendant, despite the power of violating the prohibition of drunk driving, driven a E-Poter truck under the influence of alcohol with approximately 700 meters alcohol level 0.134% while under the influence of alcohol without obtaining a driver’s license from the front of the residence of a person who is located in Gangwon-gun B to the front of the D Elementary School located in C.

Summary of Evidence

1. Defendant’s legal statement F, police protocol of each police station against G, inspection report, investigation report, notification on the results of drinking driving control, and vehicle driving license register;

1. Previous records of judgment: Criminal records, inquiry records, confirmation of the same record, application of Acts and subordinate statutes;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had been punished several times due to drinking and driving without a license, again committed the same kind of crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

However, the defendant's mistake is recognized, and the defendant's last punishment for the crime of drinking driving is about nine years before the case.

There are some circumstances for the defendant to take into account the circumstances leading up to the drinking driving at the time of the instant case.

In addition, at the time of the case.