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

On July 16, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Jeonju District Court on July 16, 2013.

【Criminal Facts】

On November 15, 2019, at around 00:45, the Defendant driven a motor vehicle with approximately 3.5km in approximately 0.180% of blood alcohol concentration at around 0.180% under the influence of alcohol, from the public parking lot near the Ccafeteria-gu Seoul Metropolitan City, Seojin-gu, to the road located in D of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

On January 11, 2020, the Defendant, at around 07:15, 2020, driven a car at H re-Hf-PACE 20d 20d 20d motor vehicle from the 3km section to the roads around G gas stations located in the former Ecoke-gun, North Korea without a car driver's license.

Summary of Evidence

"2019 Highest 2271"

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. A response to the request for appraisal, and a written appraisal of blood alcohol;

1. Previous records of judgment: Criminal history records, inquiry reports and investigation reports (attached to a summary order of the same kind of power);

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and accident site photograph;

1. Investigation report (Mak First Driver's License Register, etc.);

1. Application of statutes on details of issuance of temporary driving certificates;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant once, even though he/she had a record of being punished for drunk driving, once he/she drinks alcohol and drives without obtaining a license, is disadvantageous to the Defendant.

However, the defendant.