A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On June 2, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On July 19, 2020, at around 02:15, the Defendant driven a Category C rocketing car with a blood alcohol concentration of 0.205% under the influence of alcohol without obtaining a driver’s license, from the front of the Seo-gu Daejeon Building to the lowest distance intersection located in the same Gu and Dong.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Report prior to judgment: Application of criminal history records, reply reports, and investigation reports (one-time school record of punishment by drinking);

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

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

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

1. The fact that there is one-time experience of drinking driving, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act, etc. shall be determined as ordered by taking into account the unfavorable circumstances or other circumstances, such as drinking alcohol, driving distance, and other criminal records, the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments of this case.