A defendant shall be punished by imprisonment for a term of one year and four 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 September 3, 2015, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court.

【Criminal Facts】

On July 17, 2020, the Defendant driven a Furb motor vehicle under the influence of alcohol content of 0.165% at a 0.165% while under the influence of alcohol without obtaining a driver’s license for a motor vehicle at a section of about 10 meters from the street in front of “C drinking house” to the street in the city of 05:35,000.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Report on the circumstances of the defendant's legal statement, report on the results of the drinking driving control, and report on the closure of CCTV images for crime prevention at the time of the following: the driver's license register at the time of the fact that the defendant's legal statement was made;

1. Previous records: Application of criminal records, inquiry reports, investigation status (Defendant's previous records and confirmation) 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. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments

The defendant had been sentenced to 6 months of imprisonment due to a violation of the Road Traffic Act in 2015 and 2 years of suspended execution. The defendant had been sentenced to a fine due to a violation of the Road Traffic Act in 2017.