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

On November 30, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court Hongsung Branch on November 30, 2017.

On July 10, 2019, at around 22:35, the Defendant driven an Epoter-II truck without obtaining a driver's license in approximately 5km section from the front of Hongsung-gun, Hongsung-gun, to the front of D in the same military as C, while under the influence of alcohol with a blood alcohol concentration of about 0.126%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) the actual condition survey report, a traffic accident report (2) the actual condition survey report, and on-site photographs;

1. Notification, etc. of the result of drinking control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: 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 and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is relatively recent (2017), and there are two previous offenses of drinking alcohol driving recommended after 2000, the drinking alcohol level is considerably high, and the occurrence of an accident caused by the crime requires strict punishment in principle in light of the unfavorable circumstances.

However, in consideration of the favorable circumstances such as the reflection of the fact, the occurrence of human life damage due to an accident, and the fact that there is no record of punishment for the same criminal record or punishment for imprisonment exceeding the fine, etc., the punishment shall be determined like the order.