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

On September 16, 2019, the defendant was issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act in the Chuncheon District Court's territorial branch.

On August 16, 2020, at around 10:40, the Defendant driven a motor vehicle for DNA learning without obtaining a driver's license in the section of approximately 8 km from the front of the Incheon reinforced Military Bridge to the front road of Incheon reinforced military forces, with a blood alcohol concentration of about 0.061% under the influence of alcohol.

In this way, the defendant has driven two or more times while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. License register;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (verification reports on suspect's records of drinking driving, etc.) and statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds that the Defendant was punished as a crime of violating the Road Traffic Act (driving) around September 2019, and immediately was punished as a crime of violating the Road Traffic Act (Free Driver’s License) around October 30, 2019, there is a high possibility of criticism in that he committed each of the instant crimes on August 16, 2020, in which the period of one year has not elapsed since he was punished as a crime of violating the Road Traffic Act (Free Driver’s License).

Considering the equity in other similar cases, it is necessary to choose imprisonment to the defendant.

Considering the fact that the defendant's attitude against the defendant is that he wanted to find the ship, and that the blood alcohol concentration of this case is 0.06%.

The age, character and conduct, family relationship, and family relationship of the defendant.