A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal history] On May 15, 2013, the Defendant was issued a summary order of KRW 3.5 million for a violation of road traffic law (drinking driving), etc. at the Changwon District Court's Jinju branch on May 15, 2013, and on August 27, 2018, the same court issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving), etc., and has the record of crime subject to punishment for drinking driving.

[2] On September 11, 2020, the Defendant driven a vehicle with C low alcohol level of 0.188% under the influence of alcohol level of alcohol level of 0.188% from the front of a main point where it is impossible to identify the trade name in the Seocho-si, Jin-si, Jin-si, Jin-si to the front road of the village access road in Jin-si, Jin-si, Jin-si, Seoul, without obtaining a driver’s license.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant committed another crime in this case even though he had the record of punishment for drinking and driving without a license, and that the defendant's blood alcohol concentration was high at the time of driving is disadvantageous.

However, the fact that the defendant's mistake is recognized, the vehicle is disposed of, the driving distance, and the age, sex, environment, motive for the crime, and circumstances after the crime are shown in the records and arguments of this case.