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

[criminal power] On March 15, 2017, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on March 15, 2017, and was previous and six times. On August 25, 2006, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving without a license) at the same court on August 25, 2006 and was in the previous and three times.

【Criminal Facts】

On July 24, 2019, the Defendant driven a DDama vehicle from around 1.8 KK to the front road of Suwon-si, Suwon-si, Suwon-si, without a driver's license, while under the influence of alcohol content of 0.292% with a blood alcohol level, even though it had been under the influence of alcohol at around 20:10, the Defendant driven a DDama vehicle from around 1.8 Km to the front road of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Records of blood alcohol concentration;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, references to criminal records, investigation reports (a) 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. The reason for sentencing of Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures was six times as drinking drivers, and three times as driving without a license, and the driver’s license was revoked on February 1, 2017 due to drinking driving.

Nevertheless, it is necessary to impose severe punishment in that the drinking driving of this case and the driverless driving of this case were done under the influence of alcohol, since June 25, 2019, the punishment regulations for drinking driving have been strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc.

In addition, the defendant's blood alcohol concentration of 0.292% at the time of driving is considerably high, and the risk is also very high.