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

On May 23, 2019, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on May 23, 2019.

On July 27, 2019, the Defendant driven the B Car under the influence of alcohol concentration of approximately 0.184% from a section of about 1km from the front of a mutually influent drinking house to the front of the warrant set forth in Chin-ro 3, in the calculation of both weeks, without obtaining a driver's license at around 19:20, the Defendant driven the B Car under the influence of alcohol concentration of about 0.184%.

In this respect, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of double copies of criminal records, reply reports, and summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a history of criminal punishment twice due to the violation of the Road Traffic Act, and in particular, on May 23, 2019, he/she committed the instant crime only once a month after he/she was sentenced to a fine due to the violation of the Road Traffic Act (driving) on May 23, 2019. There are no special circumstances to consider in the circumstances in which the defendant was driving at the time of the instant crime, and driving under the influence of alcohol is a crime that may cause serious damage to another person's life, body, or property as well as himself/herself, and there is a need for the corresponding punishment.