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

[criminal record] On April 11, 2008, the defendant issued a summary order of KRW 1.5 million to the Jeju District Court for a violation of the Road Traffic Act (driving). On March 5, 2009, the defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license). On April 3, 2018, the same court issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving without a license).

[criminal facts] On August 10, 2020, the Defendant, while under the influence of alcohol at 0.076% without obtaining a driver's license on August 21, 2020, operated a strawing vehicle from the hystal beach located in the hythal East East-dong at Jeju to the entrance of the hystal, thereby violating Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the circumstantial statement of a police officer, investigation report, report on detection of a drinking driver, inquiry into the results of the crackdown on drinking driving, and entry in the register of a driving license; and

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

1. The point of driving without obtaining a license among the acts in the pertinent legal provisions concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020);

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Criminal Act;