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 May 31, 2019, the defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on May 31, 2019.

On January 15, 2020, the Defendant driven Bho-do car at the 4km section from the front side of the week where it is impossible to identify the name located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-do, in a state of drinking alcohol concentration of 0.148% without obtaining a driver's license on January 22 and 25, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, control note, report on the circumstantial statement of a drinking driver, report on the results of the drinking driving control, report on the request for appraisal, report on detection of a drinking driver, driver's license register, and next inquiry; and

1. References to inquiries, such as criminal records, and application of summary order statutes;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act, such as the provision of community service order and the provision of an order to attend a lecture, and the operation without a license, need to be strictly punished as a crime highly dangerous to harm the life and body

The blood alcohol concentration measured is considerably high by 0.148%.

In the past, the defendant is highly likely to be subject to criticism in that he/she has not passed since he/she was sentenced to a fine once due to drinking driving, but was engaged in driving without a license.

However, the defendant recognizes his mistake and is against his will.

No criminal punishment exceeding a fine shall be imposed.

In addition, the defendant's age, character and conduct, environment, and motive and means of crime.