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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.
Reasons
Punishment of the crime
On August 26, 2010, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on August 26, 2010, and on June 16, 2017, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on July 16, 201.
On June 17, 2019, at around 21:44, the Defendant driven a Maz motor vehicle while under the influence of alcohol concentration of about 0.170% without obtaining a driving license for a section of about 10 meters in front of Seosan City B.
As a result, the defendant violated the prohibition of drunk driving more than twice, and drives a motor vehicle without obtaining a driver's license in the state of drunk in violation of the above provision.
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. Registers of driver's licenses;
1. On-site photographs;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
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 sentencing conditions of the defendant's like criminal records, the degree of the principal offender, the circumstances of driving, distance, etc., the age, character and conduct, environment, etc. of the defendant for the reasons of sentencing under Article 62-2 of the Criminal Act shall be determined as the