The punishment of the accused shall be determined by two years of imprisonment.

However, the execution of the above punishment for three years from the date of the final judgment.

Criminal facts

[criminal power] On March 9, 2012, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on March 9, 2012, and on May 15, 2017, a summary order of KRW 6 million for a fine of KRW 1 million for the same crime, etc.

【Criminal Facts】

On September 18, 2020, the Defendant, without obtaining a driver’s license on September 19, 2020, driven an E9c CA100 Oba in a section of about 500 meters from the front side of the Chungcheongnam-gun B to the front side of the D High School located in the Chungcheong-gun C, with a blood alcohol level of 0.153%, while under the influence of alcohol at around 0.153%.

Summary of Evidence

1. Investigation report of the defendant's legal statement, the vehicle driving certificate, the ledger of driver's licenses, the circumstantial statement, and notification of the results of drinking control;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is as follows: (a) there are several instances of the Defendant’s main intent at the time of sentencing; (b) the background of the crime; (c) the records of the same crime (two times the main driving force; and (d) the occurrence of an accident while driving a motor vehicle; and (c) the Defendant was clearly informed of the occurrence of an accident while driving a motor vehicle on May 1, 2017; (b) the motor vehicle driver’s license was revoked on July 15, 2020 without obtaining the driver’s license; and (c) the motor vehicle driver’s license was registered in his/her name

The defendant shows his attitude to recognize and reflect his mistake in this court.

A defendant shall be subject to criminal punishment exceeding a fine among him.