A defendant shall be punished by imprisonment for one year.

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

On December 10, 2019, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Jungbu District Court on December 10, 201.

On July 25, 2020, the Defendant driven a vehicle of 0.082% of blood alcohol concentration while under the influence of alcohol without obtaining a driver’s license in approximately 2 km section from the 1st executive station near the 525 Emba-ro 525 to the meltyang distance located in peace-ro 736 at the same time.

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. The defendant's legal statement and the actual investigation report on traffic accidents;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses for vehicles notified as a result of the drinking control;

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

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. Selection of an alternative imprisonment with prison labor under Articles 40 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. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant was punished for drinking without a license in 2019 and for driving without a license in 2020.

Nevertheless, under the influence of 0.082% of the blood alcohol concentration in the second blood, the instant crime of driving a vehicle without obtaining a driver's license has been committed.

During the instant driving process, an accident that shocks buses standing in the signal line has occurred.

The criminal liability of the defendant is not easy to say.

However, it is advantageous to the fact that the parents of the defendant are leading the defendant.