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 of the final judgment.

Punishment of the crime

[Criminal Power] On May 20, 2019, the Defendant received a summary order of KRW 3,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seocho Branch of the Chuncheon District Court.

【Criminal Facts】

1. Although the Defendant had been punished for the violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as above, the Defendant driven a D SM6 vehicle under the influence of alcohol content 0.179% without a vehicle driver’s license in the five-meter section above, on April 3, 2020, under the influence of 0.179% of blood alcohol content without a vehicle driver’s license.

2. On April 3, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle without a driver’s license in a section of about 3 km from the 4/100 Cheongcho-si parking lot to the F underground parking lot in E at the same time from the 4.10 Cheongcho-si in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Visual statement of a drinking driver, report on the results of the control of drinking driving, report on internal matters, the register of driver's licenses, the register of car cars, and the closure of related visual images;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the long-term punishment for each of the crimes above is added];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's mistake in sentencing Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order is recognized.

However, even though the defendant had been punished for the crime of drunk driving, he again committed the same kind of crime, and has also repeatedly committed the crime ofless driving.

In addition, the crime of drinking driving is a third party who is not high.