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

On July 19, 2018, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act, and on May 31, 2019, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license).

On July 6, 2019, at around 09:35, the Defendant driven a motor vehicle with an Eststrento without a driver’s license, while under the influence of alcohol content of approximately 3 km from the front of the Macheon City B to the front of the D Industrial Complex in Macheon-si C, the Defendant driven a motor vehicle without a driver’s license in the influence of alcohol content of about 0.136%.

As a result, the defendant violated the prohibition of drinking driving and drives a motor vehicle without obtaining a driver's license in the state of drinking in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drunk driving, the circumstantial statement of a drinking driver, investigation report (report on the circumstances of the drinking driver), and the report on the status of the drinking driver;

1. Report on the current status of driving without a license, and the register of driver's licenses (A);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (Attachment of a copy of the summary order), and application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for two to five years;

2. No sentencing criteria shall be set;

3. The Defendant, as indicated in the facts of the crime in the judgment, was punished by a fine on July 19, 2018 for the violation of the Road Traffic Act (driving) and on May 31, 2019, for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver’s License). However, the Defendant committed the instant crime on July 6, 2019.

The blood alcohol content at the time exceeds 0.136%, and the defendant's age, character and conduct, family relationship, motive and means of crime, circumstances after crime, etc.