Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 13, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on August 13, 2015, and a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on August 20, 2018, respectively.

[2] On August 24, 2020, the Defendant driven a F QM6 vehicle under the influence of alcohol leveling 0.059% from the 1km section to the roads adjacent to the “C bank” located in Jinju-si B without obtaining a driver’s license on August 24, 2020 to the “E” located in D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following records are comprehensively taken into account: (a) the Defendant’s blood alcohol level at the time of driving the drinking alcohol in this case; (b) the Defendant’s condition at the time of driving; (c) the Defendant’s previous drinking while driving the drinking; (d) the previous drinking driving was punished three times due to the previous drinking; and (e) there was no record of a suspended sentence of imprisonment or heavier punishment; and (c) the conditions of various sentencing as shown in the arguments