A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On March 25, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On November 3, 2019, at around 17:00, the Defendant driven a Cknife vehicle without obtaining a driver's license with a blood alcohol concentration of about 5km at approximately 0.151% while under the influence of alcohol at the 5km section from the front side of Gangwon-gun B to the bachelor's degree intersection located in 486 Sinsi-si.

As a result, the defendant was driving a motor vehicle while under influence without obtaining a driver's license, in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Report of 112 Report, handling table of the accused's statutory statement, notification of the results of the regulation of drinking driving, investigation report (report on the circumstances of drinking drivers), oral statement of drinking drivers, report on the circumstantial statement of driver, registration of driver's license, and transfer of vehicle

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment);

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 is recognized.

However, the defendant committed the same kind of crime even though he had the record of punishment for drinking and driving without a license.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.