A defendant shall be punished by imprisonment for a term of one year and two 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 history] On November 30, 2009, the Defendant was issued a summary order of a fine of three million won at the Seoul Northern District Court due to a violation of road traffic laws (drinking driving), and on September 17, 2015, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court.

[2] On September 3, 2020, around 01:20 on September 3, 2020, the Defendant driven a motor vehicle of D Mua New Ecccua, while under the influence of alcohol content of about 0.186% in blood without a motor vehicle driver's license from around 300 meters to around C hotel.

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

Summary of Evidence

1. Investigation report to the register of driver's licenses notified by the defendant on the result of regulating driving of oral statements by the defendant (the state report on the driver's license);

1. Previous records of judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same record as the suspect), copy of each summary order, and application of each statute of the judgment;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures was that the Defendant was punished by a fine or a suspended sentence due to driving without a license for drinking alcohol, etc. around around 2005, around around 2009, around around 2015, and around 2017, the Defendant carried out the instant driving without a license for drinking alcohol, and the number of alcohol concentration in the blood was very high, and the responsibility for the relevant crime was heavy.

However, it is against the defendant's wrong recognition and the driving distance is relatively short.