A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 13, 2017, the Defendant received a summary order of KRW 4 million from the Incheon District Court due to a violation of the Road Traffic Act (driving). On October 17, 2019, the same court sentenced ten months of imprisonment and two years of suspended execution to a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on October 25, 2019.

【Criminal Facts】

On August 4, 2018, the Defendant driven a DPoter II vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.134% from the construction site located in Namyang-si B to the front road of about 200 meters in the same city from August 4, 2018.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and driving without a license.

Summary of Evidence

1. The report of the circumstances of the police interrogation protocol against the accused on the accused, the report of the circumstances of the driving under the influence of alcohol, the report of the situation of driving under the influence of alcohol, the driver's license register, the car inquiry, the inspection report on the mandatory insurance (the report on the circumstances of the driving under the influence of alcohol

1. Previous convictions: Investigative inquiries into crimes and investigation records, investigation reports (attached to a summary order of the same kind), summary order, preliminary order and report on the results of confirmation, judgment of the Incheon District Court 2019dan5773 and application of the Acts and subordinate statutes of search of consolidated cases;

1. Relevant provisions of Article 148-2 (2) 2 of the former Road Traffic Act (amended by Act No. 15807, Oct. 16, 2018; hereinafter the same shall apply), Article 44 (1) (the point of sound driving), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of a sentence under Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment prescribed for a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was sentenced to a fine of KRW 4 million for drinking and driving without a license in 2017, and again, was sentenced to the instant drinking and driving without a license.