Defendant shall be punished by imprisonment for a term of 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 August 30, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Jung-gu District Court.

On September 20, 2019, the Defendant driven a car under the influence of alcohol concentration of 0.127% without obtaining a driver’s license from the front side of the C, Macheon City, B, to the front side of the D, Macheon-si, and without obtaining a driver’s license, from about 4 km section from September 20, 201.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing, and the report on the state of the driving under drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of 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. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

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;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2004, around 2008, and around 2018, the Defendant was sentenced to punishment, the interval with the previous penal records, and the blood alcohol content of the instant case reached 0.127% and is a licenseless driver, taking into account in particular, the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., and the various sentencing conditions indicated in the instant records and arguments are determined as ordered.