A defendant shall be punished by imprisonment for a term of one year and two 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 April 11, 2008, the Defendant received a summary order of KRW 1,50,000,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on December 22, 2017, the same court received a summary order of KRW 5,00,000 from a fine for a violation of the Road Traffic Act.

【Criminal Facts】

around 21:05 on December 12, 2019, the Defendant driven D Launa car with the blood alcohol concentration of about 0.078% without a car driver’s license in the section of about 50 meters around the same Gu from the south-gu Incheon Metropolitan City B to the front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving without a license, and inquiry into the results of the control of driving without a license;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, etc.;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Crimes of which the sentencing criteria are not set for each of the following crimes:

3. The crime of this case is deemed to have been committed by the Defendant with no license under the influence of alcohol at least 0.078% even after the Defendant was sentenced two times due to a drunk driving. In light of the content of the crime, the criminal liability is heavy, and the Defendant again committed the crime of this case without being aware of the fine due to a drunk driving, etc. in 2017.

However, the defendant is the case.