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

[Power of violation of Article 44(1) of the Road Traffic Act] On September 30, 2008, the Defendant issued a summary order of KRW 1.5 million at the Gwangju District Court on the same day as a crime of violation of the Road Traffic Act; KRW 5 million as a fine for the same crime in the same court on March 24, 2014; and KRW 5 million as a fine in the same court on November 2, 2017.

【Criminal Facts】

On January 29, 2020, the Defendant was under the influence of alcohol of 0.162% on blood alcohol level at around 17:10, the part of the section where the Defendant was under the influence of alcohol at around 5 km from the ambling road before the ambling-ho-dong, the trade name of Daeho-dong to the front of B in Jeju, and the section where the Defendant was under the influence of alcohol.

In the case of Csch Rexton car, the car was driven at approximately 30 km from the front to the front road of the Naju City without obtaining a driver's license, and the car was driven at approximately 30 km from the front to the front road of the B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (victim E telephone call) and a report on investigation (victim F telephone call);

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order 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. 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 (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act shall be three times as a drunk driving in violation of Article 44(1) of the Road Traffic Act and one time as a drunk driving prior to the order of probation and education.