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

[criminal power] On May 29, 2014, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on May 29, 2014. On January 28, 2016, the Defendant was sentenced to a fine of KRW 5 million for the same crime, etc. in the same court.

【Criminal Facts】

On April 5, 2020, at around 23:45, the Defendant driven a sports truck without obtaining a driver's license from the 1km section of approximately 1km to the front side of the building C in the same city, with a blood alcohol concentration of about 0.190% from the 1km section of the building C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The register of actual condition survey reports, the report on the actual state of a driver, and the register of driver's licenses for motor vehicles by blood alcohol and alcohol;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which not only the person himself but also another person's life may be taken, and the nature of the offense is poor. The Defendant repeated the crime despite the fact that the Defendant had been punished three times due to the same criminal act, the Defendant's blood alcohol concentration was considerably high, and the Defendant committed a heavy traffic accident while driving.

However, the defendant recognized the crime of this case, and there is no record of criminal punishment exceeding the fine, considering the circumstances favorable to the defendant, such as the defendant's age, environment, character and conduct, motive and means of the crime, and circumstances after the crime.