Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[criminal power] On November 20, 2007, the Defendant was issued a summary order of KRW 700,000,000 for a fine of KRW 1.5 million for the same crime from the above aid on September 3, 2015, and KRW 5 million for the same crime from the above aid on April 26, 2018.

【Criminal Facts】

On July 5, 2020, at around 02:55, the Defendant driven a FMW car under the influence of alcohol concentration of 0.063% without obtaining a driver’s license from around 500 meters from the front of the road in Si-si, Si-si to E in front of the same city D.

As a result, the defendant was a person with the power of violating the Road Traffic Act's prohibition of drinking driving, and driving a motor vehicle again under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant’s legal statement, circumstantial statement, notification of the result of crackdown on drinking driving, and inquiry into the result of crackdown on drinking driving;

1. License register, etc.;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) (2) and 152 (1) and 43 of theo Road Traffic Act concerning criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. The instant crime is subject to criticism in view of the fact that an order to attend a lecture or an order to attend a community service has been punished with the same force several times of sentencing reasons under Article 62-2 of the Criminal Act, and that the instant crime has been repeated despite the court’s repeated position.

However, it is considered as a favorable sentencing factor that the defendant seems to have an attitude to reflect, and that the blood alcohol concentration is not very high.