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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 17, 2019, the Defendant was issued a summary order of KRW 10 million by the Seoul Northern District Court due to a crime of violating the Road Traffic Act (drinking).

On September 4, 2020, at around 01:05, the Defendant driven Done Star Bosch Rexroth under the influence of alcohol concentration of about 0.094% without a motor vehicle driver's license from approximately 100 meters to the front roads of the same Gu in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul.

As a result, the Defendant violated the prohibition of drinking at least twice, and at the same time, driven a vehicle without a driver's license.

Summary of Evidence

1. The defendant's legal statement report on the state of driving, report on the state of the driver's license, inquiry of the results of crackdown on drinking and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of 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 a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment) of the Criminal Act;

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. The Defendant, as before the previous conviction of Article 62-2 of the Criminal Act, committed the crime of driving without a license for drinking alcohol in this case, even if his license was revoked due to a traffic accident involving drinking, and criminal punishment was imposed, and again committed the crime of driving without a license for drinking alcohol in this case.

Taking into account the control background (control of traffic signal violation), alcohol concentration during blood transfusion, traffic accidents, etc., the fact that no criminal record exists except for the previous conviction in the judgment, the fact that it is necessary to support the elderly under 93 years of age, and the fact that economic circumstances are difficult due to dismissal after the instant crime, etc., other various sentencing factors, such as the defendant's age, sexual behavior, and circumstances after the crime, shall be considered.