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 October 26, 2012, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Changwon District Court's branch on October 26, 2012. On August 20, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

【Criminal Facts】

On December 1, 2019, at around 21:40 on December 1, 201, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a car in Fcoon in the state of under the influence of alcohol 0.169% in the section of approximately 1.2 km from a cafeteria in the mutual influench-gun B apartment located in the Gyeongnam-gun, Changnam-gun, without a driver’s license, through CD office to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of 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. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of 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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, even though he/she had been punished twice due to drunk driving, was engaged in driving again and driving without a license, even though he/she had a record of punishment twice due to drunk driving, and the blood alcohol concentration is high;

The factors of sentencing in favor of the defendant are the fact that the defendant acknowledges and reflects his mistake, and there are family members of the defendant.