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 this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 5, 2017, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 4 million for the same crime at the Seoul Northern District Court on January 28, 2019.

【Criminal Facts】

On April 25, 2019, at around 22:11, the Defendant driven B-low-income vehicle under the influence of alcohol content of 0.065% without a driver’s license, from a section of approximately 500 meters from the street in front of the parliamentary station in the Government-dong, to the underground street of the border in the same Dong from the street to the street.

Accordingly, the Defendant, who violated the duty of prohibition of drinking driving more than twice, was driving without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records before ruling: Criminal records, repeated statements, each summary order, and the application of Acts and subordinate statutes as a result of the search and investigation of consolidated cases;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant again committed the crime of this case even though he had been tried for the same kind of crime, that the same criminal record of the defendant is the most recent, that the defendant does not have any criminal record exceeding a fine, that the defendant does not have any criminal record, that the defendant's blood alcohol concentration, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime