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 April 18, 2018, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch on April 18, 2018, and a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Incheon District Court's Branch Branch on July 23, 2018.

On April 3, 2019, at around 02:25, the Defendant driven a motor vehicle from the front side of Seocheon-si, B to the front side of Seocheon-si, without obtaining a driver's license with a blood alcohol concentration of about 0.121% while under the influence of alcohol at about 3km.

Accordingly, the defendant was punished for violating the Road Traffic Act more than twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the report on the situation of driving without a license, and the report on the status of driving without a license;

1. Registers of driver's licenses and detailed statements of revocation thereof;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and previous records), and application of statutes governing judgment;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is one of the most suitable offenses, and the crime of this case is committed by the defendant, who has been punished twice or more during the year of 2018 by drinking alcohol driving or driving without a license in 2019.

The defendant was made clear to cause a traffic accident due to the crime of judgment.

Drinking driving threatens not only the driver but also another person's life.

However, the defendant.