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

[Criminal Records] On March 6, 2020, the Defendant was issued a summary order of a fine of eight million won at the Seoul Southern District Court due to a violation of Road Traffic Act (driving).

[Criminal facts] On September 5, 2020, around 11:20, the Defendant driven a D car from around the restaurant in Geumcheon-gu Seoul Metropolitan Government, to the front road in Geumcheon-gu Seoul Metropolitan Government without a driver's license, with alcohol level of 0.109% in the blood while under influence of alcohol level of 0.109%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and at the same time, operated without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license register of notification of the results of regulating the driving of alcohol and the statement of the driver's circumstances of the driver;

1. Previous convictions in judgment: As a result of inquiry, (A), investigation reports (the confirmation of the previous history), and application of the statutes governing summary orders;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment) of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant was issued a summary order due to drinking driving and re-driving under a license for more than six months, and the defendant's liability is not weak.

However, considering the fact that the Defendant stated that he/she is against the facts charged, the fact that he/she has no record of criminal punishment, etc. in favor of the Defendant, the Defendant’s age, family relationship, sexual conduct, means and result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the argument