A defendant shall be punished by imprisonment for a term of one year and two months.

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

On April 12, 2019, the Defendant received a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the District Court on March 12, 2019.

On November 6, 2020, the Defendant driven DMW car in the state of alcohol concentration of about 0.122% during blood without obtaining a driver's license from the front side of the Seo-gu, Seo-gu, Busan, Busan, to the front side of the C apartment in Pakistan, from around 8km to the Goju-si, the Defendant driven DMW car without obtaining a driver's license.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and not less than twice and simultaneously drive without a license.

Summary of Evidence

1. The defendant's legal statement statement report on the situation of the driver placed in driving and the driver's license register notified as a result of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes of one copy of a criminal history inquiry, investigation report (Attachment of a summary order), and summary order;

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. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. He/she has twice the history of being fined due to the provision of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, and in particular, even if he/she was punished due to drinking for the latest 2019, he/she was under the influence of drinking for a few months, so he/she is obliged to choose imprisonment.

However, considering the fact that the defendant's age, social living relationship, and circumstances before and after the crime are against the wrong judgment, the sentence is determined as ordered, the execution of the sentence is suspended, and the protection observation is added.