A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On September 7, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 4 million as a fine for the same crime in the same court on May 26, 2015, respectively.

[Criminal facts] On September 23, 2020, the Defendant driven C rocketing car under the influence of alcohol content of about 0.098% while under the influence of alcohol without obtaining vehicle driver's license from around 1km-dong, Gyeonggi-si to the front road of Gyeonggi-si, Gwangju-si, and without obtaining vehicle driver's license.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on detection, notification of the results of crackdown on driving of alcohol, report on the situation of the driver of the vehicle, report on the situation of the driver of the vehicle, register of the user of the measuring instrument for drinking alcohol, photographs, investigation report, list of reported cases 112, and register of driver's licenses;

1. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection and Observation, etc. is that the Defendant once or twice a fine due to drinking driving, but the driver’s license was revoked, and the Defendant once again driven a motor vehicle under the condition of revocation.

The punishment shall not be strictly punished, but it shall be determined as ordered in consideration of the fact that the defendant is against his/her will, taking into account the details and degree of the crime, the driving distance, the circumstances after the crime, the age and health of the defendant, family relationship, living environment, etc.