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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 16, 2018, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court of the Republic of Korea on the roads located in B around June 26, 2019, and operated DK5 automobiles under the influence of alcohol concentration of 0.169% without obtaining a driver's license until the roads in front of the southyang-si 1580-ro in the Geumyang-si, the Namyang-si, Seoul Metropolitan City, which was located in B on June 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Photographss of the suspect, photographs of the on-site skin vehicle, suspect photographs of the suspect on the spot, and photographs of drinking or drinking equipment within the skin vehicle;

1. License register and investigation report;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced on August 16, 2018, was punished for a violation of the Road Traffic Act (driving) on August 16, 2018, and was punished for a violation of the Road Traffic Act (Driving without a license) on November 28, 2018, and committed the instant crime on June 26, 2019, in which case one year has not passed since the sentence was committed.

At the time of the instant crime, the blood alcohol content was 0.169%, and even if, at the time of the instant crime, the blood alcohol content was 0.169%, to the extent that it would be locked while driving a motor vehicle.

The blood alcohol concentration, driving distance, previous.