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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On February 1, 2018, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】 The Defendant is a holder of CITI ACE 110 Orala.

On November 24, 2019, the Defendant, without obtaining a driver’s license at around 21:00, driven the above Obane without being covered by mandatory insurance at approximately 1.5km from the 1.5km section to the road in front of the new Yansan-gun, Geumsan-gun, Jinsan-gun, Jinsan-gun, under the influence of alcohol, with a blood alcohol concentration of at least 0.174%.

Accordingly, the Defendant, in violation of the prohibition of driving a motor vehicle, etc. under the influence of alcohol not only twice but also driven the motor vehicle under the influence of alcohol without obtaining a license for a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes, such as the register of driver's licenses and criminal records;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than twice), subparagraph 2 of Article 154, Article 43 of the Road Traffic Act (the point of driving under the influence of a motorcycle without the license for a motorcycle), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act and a violation of the Road Traffic Act, and a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of penalty: Imprisonment with prison labor;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, orders to provide community service and attend lectures, and sentencing under Article 62-2 of the Criminal Act;