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 June 11, 2018, the Defendant was issued a summary order of KRW 3 million with the same crime in the Sungnam Branch of Suwon District Court as a crime of Road Traffic Act (driving) and KRW 3 million with the same court on December 10, 2018, respectively.

【Criminal Facts】

On January 2, 2020, at around 02:20, the Defendant driven a e-burged vehicle with the blood alcohol concentration of 0.172% under the influence of alcohol without obtaining a driver's license from the street in front of the D cafeteria located around the C Station B to the remote distance of the Sucheon-dong Suwon-si flood Zone.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 143 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 reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant was punished by a fine twice for drinking driving in 2018, and the Defendant committed the crime of drinking driving in this case without a license at the same time. In that it has repeated crimes of the same kind in a short period, it seems that there seems to be insufficient compliance spirit and safety awareness about traffic regulations.

In addition, since the accident occurred to the extent that the specific memory is not possible at the time of the case, the risk of the accident was very high, and the accident actually causes a single accident and causes physical damage.

The circumstances are as follows: (a) the confession and reflect of the defendant; and (b) the fact that there is no criminal record other than the above previous one; and (c) the age, attitude, environment of the defendant;