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 January 22, 2020, the Defendant received a summary order of KRW 7 million as a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On July 10, 2020, the Defendant, at around 03:14, 2020, driven an EM6 vehicle in the 1km section from the front of a public parking lot in Kim Sea-si, Kim Sea-si, to the front of the D kindergarten in Kim Sea-si, while under the influence of blood alcohol level of 0.19% without obtaining a driver's license.

Accordingly, the defendant violated the prohibition of drinking driving twice, while driving a car without obtaining a driver's license.

On July 25, 2020, the Defendant, at around 01:21 on July 25, 2020, driven the EM6 vehicle from the front of the F apartment in Busan So-gu to the front of the G apartment in Busan, under the influence of alcohol level of 0.151%.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

[200 Highest 1257]

1. Statement by the defendant in court;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, inquiry reports, and summary order (200 highest 1948);

1. Statement by the defendant in court;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order;