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

On February 1, 2018, the defendant was issued a summary order of a fine of five million won for a crime of violation of the Road Traffic Act at the Daejeon District Court on February 1, 2018 and has the same criminal records twice.

On February 1, 2020, the Defendant, without a driver’s license on February 21, 2020, driven a fland driver’s license with a blood alcohol content of 0.204% 0.204%, and fland driver’s license from the front of a restaurant in Daejeon-gu B to the front of a restaurant in the same Gu D from the day before the restaurant in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Inquiry reports on criminal records, each summary order, and application of each statute of the judgment; and

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 Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;