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

On August 23, 2019, the Defendant had been issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on August 23, 2019. However, on July 27, 2020, the Defendant driven B rocketing car under the influence of alcohol content of KRW 0.187% during blood alcohol at the front of the entrance of the 2nd permanent residence of the 2nd permanent residence of the 38th Republic of Korea, Namyang-si, Namyang-si, South-do around July 27, 2020 to the above parking lot without obtaining a driver’s license.

Summary of Evidence

1. The defendant's legal statement and report on the circumstances of driving without licenses;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the closure of CCTV images on the register of driver's licenses of the motor vehicle and a report on the results of regulating drinking driving;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A) and the application of summary order statutes;

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. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 Defendant committed the instant crime, even before the reason for sentencing Article 62-2 of the Criminal Act, which committed the instant crime under the influence of alcohol concentration of 0.187% while driving a motor vehicle without a driver’s license, even though he/she had been punished for driving a motor vehicle under the influence of alcohol.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.