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.

Punishment of the crime

On July 19, 2010, the Defendant issued a summary order of KRW 2 million to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 19, 2010, a summary order of KRW 1.5 million for the same crime in the same court on May 16, 2012, and a summary order of KRW 5 million for the same crime in the same court on August 1, 2017.

On January 15, 2020, around 14:25, the Defendant driven the e-mail vehicle under the influence of alcohol with approximately 20km alcohol concentration of about 0.064% from the front of the road in Scheon City B to the front of the D Village in the same city.

On March 17, 2020, the Defendant 2020 Godan1500, on March 13:25, 2020, driven the E-Poter II load from the section of about 11 km from the front of the Macheon-si to the front of the H located in Macheon-si G without obtaining a driver's license.

Summary of Evidence

[200 Highest 423]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (Attachment to the summary order of the same kind of power);

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of driver's licenses without any license;

1. The former part of Article 37 of the Criminal Act, Articles 38-2 (1), 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 among the concurrent crimes subject to the punishment for imprisonment with prison labor, from among the selective concurrent crimes subject to the punishment for committing the crime, Articles 38 (1) and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Prior to the reason for sentencing under Article 62-2 of the Criminal Act, the accused has been punished for drinking driving multiple times even before the order to attend a lecture or order to provide community service.

Nevertheless, the defendant is driving under the influence of alcohol concentration of 0.064% again, and driving without a license even though the driver's license has been revoked due to the driving under the influence of alcohol.