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

On January 16, 2019, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 5 million, and a summary order of KRW 2.5 million from the Changwon District Court to the same crime on January 14, 2008, respectively.

On July 12, 2019, at around 21:20, the Defendant driven a car without a driver's license while under the influence of alcohol leveling 0.236% in the front road B located in Suwon-si, Suwon-si, and driving the car without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (the occurrence of a traffic accident, etc. - the commencement of an investigation), the site, and vehicle photographs;

1. Investigation report (report on the circumstances of an employer-employed driver), report on the circumstances of an employer-employed driver, and report on detection of an employer-employed driver;

1. Registers of driver's licenses;

1. Records of ruling: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power judgment) and 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act requires two or more times of driving under the influence of alcohol, and the Defendant, whose driver’s license was revoked on December 6, 2018, once again drive without obtaining a license or driving under the influence of alcohol, and the quality of the crime is not somewhat weak, and the numerical value of blood alcohol concentration due to drinking of this case is very high.

The defendant has already been punished several times due to drinking driving and driving without a license, and the possibility of criticism is not high in that he/she re-driving six months only after he/she was punished for drinking driving on January 2019 and was engaged in driving without a license or driving without a license.

However, the defendant recognized the crime of this case and divided his mistake, and the distance of the defendant's drinking driving.