A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On May 24, 2019, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court on May 24, 2019 and was under the influence of alcohol.

On August 1, 2019, at around 00:30, the Defendant driven a E-car at a section of about 8 meters from the front of the parking lot of the first floor in the Changwon-si, without obtaining a driver's license under the influence of alcohol with a blood alcohol concentration of 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Details of disposition of driver license suspension;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of 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. 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that a driver's without a license may cause traffic accidents and may cause damage not only to his/her individual but also to his/her life and property, and thus, the risk of such damage is very high. Therefore, a strict punishment is required.

From the date of crime, he was punished for the same kind of crime 3 months prior to the date of crime, and the crime of this case was committed in the situation of the suspension of driver's license, and the blood alcohol concentration is very high.

However, the fact that the defendant recognized the crime of this case and did not repeat the crime of this case, as alleged by the defendant, various factors of sentencing, such as the defendant's occupation, family relation, age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., shall be comprehensively considered.