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 January 12, 2017, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court on January 12, 201.

On August 9, 2020, the Defendant driven CK5 cars without obtaining a driving license in the state of alcohol alcohol concentration of 0.197% under the influence of alcohol at approximately 100 meters in front of B road at the Namyang-si, Gyeonggi-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of report filed on internal investigation;

1. Report on the circumstantial statements of a drinking driver, and the register of driver's licenses for motor vehicles with a suspect on the 112 report handling results of the crackdown on drinking driving;

1. Application of summary orders under Acts and subordinate statutes on criminal records, reply reports, Government Branch Act, No. 2016 high-ranking 18705;

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;

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, even though the Defendant had been punished for drunk driving in 2017, was a drunk driving.

In the last time, the previous years of drinking driving are recent.

The blood alcohol concentration of the instant case is considerably high to 0.197%.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant's recognition of the crime of this case; the distance of drunk driving (100 meters); the background of the control; the age and character of the defendant; his age and character; his family relationship; motive and means of the crime; and the circumstances after the crime.