A defendant shall be punished by imprisonment for one year.

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 May 16, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on September 5, 2016, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On August 17, 2020, the Defendant driven B SP-type car under the influence of alcohol content of 0.089% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver's license, from approximately 50km section from the Do in front of the mutual infurite-dong, Gyeongnam-si, Gyeongnam-do to the rest area of the South Coast Highway located in Gyeongnam-si, Gyeongnam-do.

As a result, the Defendant violated the prohibition on drinking at least twice, and simultaneously driven without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement statement report on the situation of the driver who is under the influence of the driver, investigation report (the situation report of the driver under the influence of the driver under the influence of the driver under the influence of the driver under the influence of the driver under the influence of the driver under the influence of the driver under the influence of the driver under the influence of the driver under the influence of the driver under

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

1. Selection of imprisonment with prison labor as provided for in Articles 148-2(1) and 44(1) of the Road Traffic Act for the crime at issue, Article 152 Subparag. 1 and 43 of the Road Traffic Act for the ordinary concurrent crimes; Articles 40 and 50 of the same Act for the crime at issue;

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture have twice the driving force of drinking, but again, the Defendant was driving under the influence of drinking without a license, and the driving on an expressway with a long distance of drinking, so the risk was very high.

The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.