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

(Criminal) On December 10, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on December 10, 2008; on May 14, 2018, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s Branch Branch on May 14, 201; and on May 29, 2020, a summary order of KRW 2 million was issued, respectively.

(Criminal Facts) The Defendant is a person who is engaged in driving a vehicle B-to-purd.

On September 18, 2020, the Defendant driven the said car under the influence of alcohol 0.052% without obtaining a driver’s license in the section of about 200 meters from “Dcafeteria” located in Ischeon-si C to the front road of the same city.

As a result, the Defendant violated the prohibition of drinking driving, and driving the said car without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement of the driver, the report on the situation of the driver's driving, the report on the situation of the driver's driving, and the site photograph;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same 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 in Article 62-2 of the Criminal Act on probation and order to attend a lecture was that the Defendant once again driven a drinking without a license, even though the Defendant had a two-time driving record and a one-time driving record.

However, the distance of drinking driving is short, and the blood alcohol concentration at the time of driving was relatively low.

All these circumstances, including the age, character, and environment of the defendant, and circumstances after the crime.