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 January 12, 2010, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (driving) at the Daejeon District Court on January 12, 201, and on November 9, 2018, the Defendant was sentenced to ten times of punishment for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver's License) including the issuance of a fine of three million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court's Seosan Branch on November 9, 2018.

【Criminal Facts】

On December 23, 2018, the Defendant driven D cubs car from approximately 200 meters at a distance of about 0.152 meters from the front of B in YY to C before the road, in a drunken state with a blood alcohol concentration of 0.152% without obtaining a driver's license at around 15:00.

As a result, the defendant had been punished for the violation of the Road Traffic Act more than twice, but he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to the suspect's previous records and written judgments, etc.);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Probation and community service order, community service order, and order to attend a lecture: (a) there are several criminal records including a sentence, and (b) one month and another driving without a drinking license, despite having been sentenced to a fine for the same kind of crime on November 2018; and (c) the circumstances that are favorable to the poor quality of the crime: (a) appears to be contrary to one’s mistake; (b) the return of the vehicle to the registered titleholder and again refrain from the same mistake; and (c) the Defendant’s age, character, environment, criminal record, criminal history, circumstances, and crime.