Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] The Defendant, at the Changwon District Court's branch on September 27, 2016, received a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's branch on September 27, 2016, has the criminal records punished for drinking driving.

【Criminal Facts】

On June 15, 2020, at around 18:05, the Defendant driven a motor vehicle without obtaining a driver’s license for a motor vehicle with a blood alcohol level of about 1km from the front of the residence of the land in the Cheongnam-gun B to the front of the landing bridge near the Gyeongnam-gun, Gyeongnam-gun, the Gyeongnam-gun.

Accordingly, the defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the circumstantial statement of drinking drivers, and inquiry into the ledger of driver's licenses;

1. Previous records of judgment: Criminal records, repeated statements, and application of statutes by a summary order;

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 facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, the degree of blood alcohol by the defendant at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the circumstances leading to the detection of drunk driving, the previous records of punishment of the defendant, and the conditions of various sentencing