A defendant shall be punished by imprisonment for two years.

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] The Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on October 28, 2016.

【Criminal Facts】

On June 9, 2020, at around 22:30, the Defendant driven C’s car while under the influence of alcohol leveling 0.130%, without obtaining a driver’s license, in a section of about 37 km from the near of Kimpo-si, Kimpo-si to the road located in 384 meters in Eunpyeong-gu Seoul to the search of the vehicle.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and a statement on the occurrence of each traffic accident;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, even though the Defendant had a record of drinking driving, has re-driving without a driver's license, and the Defendant's liability for the crime is not less

However, the Defendant stated that all facts charged are recognized and against the Defendant, the fact that there is no criminal record exceeding fines, etc. shall be considered as favorable circumstances to the Defendant. In addition, considering the Defendant’s age, character and conduct, health status, family relationship, means and result of the crime, the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in the instant pleadings, such as