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 power] On September 30, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court's branch on September 30, 201, and on May 27, 2011, the same court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving). On November 26, 2014, the same court was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 9 million in the same court on January 27, 2016.

【Criminal Facts】

On September 25, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven the Ebbric vehicle in the influence of alcohol without a driver’s license at approximately 250 meters from a section of approximately 250 meters from the front side of the Gyeongnam Development-gun B to the front side of the D cafeteria located in C, and driven the Ebric vehicle without a driver’s license.

Summary of Evidence

1. The defendant's statutory statement, circumstantial statement, and the register of driver's licenses for notification as a result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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

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. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture: The defendant, while having been sentenced to a suspended sentence of imprisonment, was again sentenced to five times due to drinking or unlicensed driving, he/she had been driving a drinking or unlicensed driving on the same vehicle again, and the sentencing factors favorable to the fact that the blood alcohol concentration was very high at the time: the defendant committed the instant crime.