A defendant shall be punished by imprisonment for a term of one year and two 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

On January 27, 2014, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on January 27, 201, to a fine of four million won for the same crime from the vice branch of the Incheon District Court on June 11, 2015, and to a fine of four million won for the same crime on November 10, 2015 at the same court on the same day.

At around 03:30 on February 13, 2020, the Defendant, while under the influence of alcohol by 0.107% without a driver’s license, driven an EM6 car from the vicinity of Cmiddle School in the window B of Changwon-si to the vicinity of D of the same window.

As a result, the defendant, who was punished for the violation of the Road Traffic Act, was driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, the ledger of driver's licenses, and details of revocation of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the frequency and time of punishment imposed by a defendant for drunk driving, etc.; the numerical value, driving distance, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and the various sentencing factors specified in the arguments of this case, including circumstances after the crime, shall be determined as ordered in consideration of the following factors.