A defendant shall be punished by imprisonment for one year.

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 September 19, 2019, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act from the Jung-gu District Court on September 19, 201.

【Criminal Facts of Crimes】 On April 3, 2020, the Defendant driven a D G70 vehicle under the influence of alcohol 0.170% while under the influence of alcohol without obtaining a driver’s license from around 2.5 km in the section of approximately 09:24 meters from the front day of the Gu-si, the Government-Si, 09:24 on the same day to the front day of the Gu-si, the Government-Si, c.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the status of driving without a license, report on the status of driving without a license, and report on the results of appraisal;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: One to six years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. On September 2019, the Defendant was punished for a violation of the Road Traffic Act (driving) around September 201, and again committed the instant crime at the time when one year has not passed since the sentence was rendered.

At the time, the blood alcohol concentration of the defendant is 0.170%.

The records and arguments of this case, such as the blood alcohol concentration of a defendant, the distance of driving, the distance from previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.