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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On June 11, 2018, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch.
【Criminal Facts】
On February 8, 2020, at around 08:24, the Defendant driven a motor vehicle under the influence of alcohol level of 0.103% without obtaining a driver's license from the front side of the entrance of Jinju-si B apartment to the front side of the D convenience store in the same city C, and without driving the motor vehicle under the influence of alcohol level of 0.103%.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol without a driver's license in violation of Article 44 (1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes of the same kind as the 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. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the status of the defendant at the time of driving, the previous punishment records of the defendant, and the conditions of various sentencing as shown in the pleadings of this case,