A defendant shall be punished by imprisonment for two years.

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 history] On May 15, 2013, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating road traffic law (drinking driving) at the official branch of the Daejeon District Court, and on December 22, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same crime, etc.

[2] On December 2, 2020, the Defendant driven a motor vehicle with low alcohol content of 0.146% in blood while under the influence of alcohol, without obtaining a driver’s license on December 2, 2020, and driving a motor vehicle with approximately KRW 900 meters from the front of the “C” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the Cheongyang-gun, Chungcheongnam-gun.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement enforcement report, the statement report on the situation of the driver placed in the main place and investigation report (the report on the driver placed in the main place);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for driving a suspect under drinking);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, community service order and order to attend a lecture, and the Defendant’s age, sex, intelligence and environment, family relationship, motive, means and consequence of the crime, etc., are as follows: the sentence is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and trial process, including the circumstances after the crime.

3. Unfavorable circumstances: The one that has already committed the same kind of crime even though he had a previous two-time drinking driving or a non-licensed driving record, and the one that has a high drinking value: The other is to recognize and reflect a mistake, and there is a dependent.