A defendant shall be punished by imprisonment for a term of one year and two 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 June 7, 2012, the Defendant issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (driving) at the inn court of Suwon District Court, etc., and on October 14, 2015, the Defendant issued a summary order of KRW 3 million for the same crime, etc. at the same court.

【Criminal Facts】

On September 5, 2019, the Defendant, while under the influence of alcohol 0.075% without obtaining a driver’s license on September 22 and 45, 2019, driven a Dbenz car from the front of the Center located in Jindo-gun, Jindo-gun, Seoul to the front of the same 8km-ri-ri distance.

As a result, the defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license even though he violated the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and investigation report on the records of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports (A), investigation reports (verification of criminal records of the same kind as a suspect), judgments, previous records of dispositions, and reports on results of confirmation, respectively;

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 under Article 62-2 of the Criminal Act is a person who has been punished for drinking or driving without a license several times in the past.

Nevertheless, it has caused serious danger to the safety of the general public by driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

However, even though it is difficult to realize the risk of the defendant.