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 1, 2006, the Defendant was sentenced to a suspended sentence of three years and six months at the Gwangju District Court for the crimes of violation of the Road Traffic Act.

On July 16, 2019, the Defendant driven a dwing-off truck from around 300 meters to the above C, without obtaining a driver's license at around 14:40 on July 16, 2019, in the state of drunk alcohol concentration of 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of a reply to inquiries, such as criminal records, investigation reports (including attached copies of judgments, etc.) and statutes attached to the same criminal records and written judgments;

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 the 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 include the criminal records as indicated in the judgment since 2000, the defendant was sentenced to a summary order of 2.5 million won for the crime of violating the Road Traffic Act at the Gwangju District Court on December 20, 200, and the same court on August 28, 2001, which was sentenced to a suspended sentence of 6 months for the same crime). Among them, two times are the cases where the defendant was sentenced to a suspended sentence of 6 months for the same crime. However, the two times are the cases where the driver's license was revoked for driving under the influence of alcohol without any reflector, and the crime of this case was registered again in his name without obtaining the driver's license for driving under the influence of alcohol, and the quality of such crime is not sufficient.

Imprisonment with prison labor shall be imposed by selecting a person in consideration of the fact that the person's blood alcohol level is not low.

However, a considerable period after the last punishment has elapsed;