A defendant shall be punished by imprisonment for two years.

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 28, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court.

【Criminal Facts】

On November 17, 2019, at around 00:20, the Defendant driven a D body car under the influence of alcohol concentration of about 0.243% without obtaining a driver's license from the front of the Defendant's dwelling in Cheongyang-gun B through C of the same Gun to the front of the dwelling.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and a manual of control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect's drunk driving);

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

1. The court shall select a person to be sentenced to imprisonment, taking into account the fact that the person committed a second offense after three times the reason for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act.

However, there is room for giving an opportunity to repent considering the fact that the defendant is in violation of depth and has no criminal punishment power for more than 10 years.

The execution of punishment shall be suspended, and the punishment shall be determined as ordered in comprehensive consideration of the records of the blood alcohol concentration at the time of the crime, the age, character and conduct, environment, occupation, family relationship, the circumstances of the crime, and the various sentencing conditions expressed in the trial process.