A defendant shall be punished by imprisonment for one year.

except that 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 March 27, 2015, the Defendant received a summary order of KRW 7 million from the Seoul Western District Court due to a violation of the Road Traffic Act (driving).

On August 5, 2020, at around 04:39, the Defendant driven DMW car without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.147% from the front of Mapo-gu Seoul to the front of the same Gu C on the road.

As a result, the defendant violated the Road Traffic Act prohibition regulations at least twice, and simultaneously drives without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Detailed descriptions of the circumstantial statement of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records before ruling: Application of each Act or subordinate statute written in one copy of criminal records, repeated statements and summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished for drunk driving, even though he/she had a record of driving under the influence of alcohol.

The drinking water level of the instant crime is considerably high and the distance of drinking driving is not shorter.

However, more than five years have passed since the defendant was punished as a drunk driving, there are no other criminal records, and the defendant seems to be against his/her intention not to repeat a crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.