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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court branch on November 28, 2008, a summary order of KRW 5 million for the same crime at the Changwon District Court on September 1, 2014, and a summary order of KRW 5 million for the same crime at the Suwon District Court on November 14, 2018.

【Criminal Facts】

On June 2, 2020, at around 23:51, the Defendant driven C SP car under the influence of alcohol concentration of 0.138%, without obtaining a driver’s license in approximately approximately 200 meters from the roads in the Suwon-si, Suwon-si, Suwon-si, to the roads in front of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant had been punished several times due to drunk driving, but he was making a drunk driving without a license, and the blood alcohol concentration is considerably high.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, the fact that the traffic accident did not occur, all of the fines are punished by a fine, the fact that there is no other serious criminal record, and the support for the family, etc., the sentence of the sentence to the defendant is harsh.

In addition, all the sentencing conditions that are shown in the records of the instant case.