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

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.

Criminal facts

On June 21, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on June 21, 2010, and the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On September 18, 2020, the Defendant driven a motor vehicle in a section of about 50 meters from “C” in front of “C” in W at Yacheon City, Do, to “Del”, without obtaining a motor vehicle driver’s license, and driven a motor vehicle in salary-III, E with alcohol concentration of 0.135% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is to take driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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) concerning facts constituting an offense;

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 reason for sentencing of Article 62-2 of the Criminal Act on the duty to observe protection and attend lectures lies in driving without a driver's license again even though the defendant had a history of criminal punishment on several occasions due to drinking or driving without a driver's license, and the responsibility for the crime is very heavy.

However, the defendant seems to have an attitude to reflect his/her depth by recognizing his/her mistake, and again he/she does not drive drinking or without a license.

In full view of the fact that vehicles held by the defendant are disposed of, and the age, sex, environment, family relationship, criminal history, the circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by taking into account the various conditions of sentencing as shown in the records.