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.

Criminal facts

On April 14, 2016, the Defendant received a summary order of KRW 3 million from the Daejeon District Court as a crime of violation of the Road Traffic Act.

On July 12, 2020, at around 02:17, the Defendant driven a B-to-purd vehicle with alcohol concentration of about 0.120% without a vehicle driver’s license in the area of about 3km from Daejeon-gu to the ammunition distance in Seo-gu, Daejeon-gu.

As a result, the Defendant was driving a motor vehicle without a driver's license without a driver's license and violated the regulations on prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and the register of driver's licenses of all-round drivers, on-site photographs;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of 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 is a serious crime that causes serious danger and injury to the life, body, property, etc. of an unqualified person. Thus, the accused, who committed the crime, should be held legally liable for the severe legal liability corresponding to the act. Despite the fact that the Defendant had been punished once due to drunk driving, even though he had the record of punishment once, the Defendant also committed the crime of this case. The Defendant’s age, character, character, environment, motive, means and consequence of the crime, and all the circumstances shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order, comprehensively taking into account.