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

On July 17, 2017, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

Although the Defendant had been punished for drunk driving, at around 09:20 on July 4, 2020, the Defendant driven D Posing car without a driver’s license in the 1km section from the front day of the Gu Government-si to the front day of the Gu Government-si in order to drive D Posing car without a driver’s license with a blood alcohol concentration of about 0.088%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Accident site and vehicle photographs;

1. License inquiry;

1. Previous records of judgment: Criminal records, inquiry records, confirmation of the same kind of power, and application of statutes of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the crime of providing community service and attending lectures is that the Defendant was punished for each violation of the Road Traffic Act (driving) around 2002, around 2005, around 2017, around 2006, and around 2009, and there has been no long time to commit the crime of drinking and driving without a license.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the blood alcohol concentration of a defendant, distance from the previous punishment power, the age, character and conduct, family relationship, motive and means of a crime, circumstances after the crime, etc. of the defendant, and various sentencing conditions shown in the records and arguments of this case