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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 22, 2014, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Suwon District Court, and on September 7, 2016, the Defendant received a summary order of KRW 3 million for the same crime in the same court.

【Criminal Facts】

Although the Defendant violated the prohibition of drinking driving without obtaining a driver’s license as above, on September 25, 2019, the Defendant again driven a B-hand motor vehicle with a blood alcohol concentration of about 0.095% in the section of approximately 1km from the Hannam ICT located in the Hannam-si, Hayang-si, 757 Namyang-si, Namyang-si, Namyang-si.

Accordingly, the defendant was driving without obtaining a driver's license, and at the same time, violated the regulations on prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to foreign crimes and investigation history data inquiry and investigation reports (Attachment to a copy of summary order);

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 Social Service is that the defendant had had a history of being subject to criminal punishment twice due to drunk driving and one-time licenseless driving, but at the same time, the driving of the instant drinking and the driving without the license is disadvantageous.

However, it is advantageous to the fact that the defendant is breaking his mistake in depth, and that the defendant has no record of criminal punishment exceeding the fine.

In addition, the defendant's age, character and conduct, family environment, motive and circumstances of crime, etc. are considered as a whole, and various sentencing factors are considered as ordered.