A defendant shall be punished by imprisonment for two years.

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 November 21, 2013, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the original state support of the Chuncheon District Court on November 21, 2013, and on March 17, 2017, the same court issued a summary order of KRW 4 million for the same crime.

On September 21, 2019, the Defendant, without obtaining a driver’s license at around 03:50 on September 21, 2019, driven a Bbera cruise car at the 3km section from the Namwon TG located in the original city without a alcohol level of 0.130%, to the Central Highway in the front city located in the front city at the same time at the lower end of the same city.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle, and driving a motor vehicle under the influence of alcohol even though he had the history of punishment for drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A driver's license ledger, etc.;

1. Details of disposition on cancellation of driver's license;

1. Records of judgment: Application of criminal history records, inquiry reports (A), 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;

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

The favorable circumstances: The defendant reflects the crime of this case.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

The age, character and conduct, environment, and environment of the defendant.