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

On January 29, 2020, the Defendant was charged with summary charges of violation of the Road Traffic Act with the District Court of Jung-gu on January 29, 2020

On February 5, 2020, at around 19:55, the Defendant driven a Dot XG car without obtaining a driver’s license from approximately 800 meters section from the 19:55, to the Cheong-si road in front of the Gu Government, with a blood alcohol concentration of about 0.11% under the influence of alcohol.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. The ledger of driver's licenses;

1. Criminal history records, reply reports (A), criminal investigation reports (a copy of a summary indictment attached), and the application of Acts and subordinate statutes to the indictment;

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: Imprisonment with prison labor for a period from one year to two years and six months;

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

3. On December 24, 2019, the Defendant, who was found to have been guilty of driving under influence on December 24, 201, committed the instant crime on February 5, 2020.

Although the Defendant’s license was revoked on December 24, 2019 due to a drunk driving on December 24, 2019, the instant crime was committed, and the blood alcohol concentration at the time was 0.11% (0.11%) and shocked with metropolitan buses.

The existence of such previous penal power, previous penal power, and this case.