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

Punishment of the crime

[criminal power] On May 24, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on June 29, 2018, respectively.

【Criminal Facts】

On July 4, 2020, at around 02:30, the Defendant driven a B body-person car with the blood alcohol concentration of about 0.165% while under the influence of alcohol without obtaining a driver's license in the section of approximately 2.9km from the shooting distance in Seo-gu Incheon, Seo-gu, Incheon to the shooting distance in the north port according to the same Jung-gu.

Summary of Evidence

1. Before the defendant's legal statement, his/her statement, the results of crackdown on drinking driving without a license, the investigation report on the situation of driving without a license, and the previous records indicated in his/her judgment: The inquiry report, the investigation report, and the application of Acts and subordinate statutes of the summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures and the crime of drunk driving or unlicensed driving need to be punished for the sake of the risk of damaging the life and body of others as well as himself/herself.

The Defendant committed the instant crime even though he/she had been punished several times due to drinking driving.

On the other hand, it shall be considered that there is a family member who seems necessary to support the defendant, such as the fact that the defendant is recognizing the crime of this case and is against the defendant, that the defendant does not repeat the crime of this case by selling the vehicle of this case, that there is no penalty power exceeding the fine for the same kind of crime, etc.