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

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

Punishment of the crime

[criminal record] On June 19, 2008, the defendant was sentenced to imprisonment for 10 months with labor for a violation of the Road Traffic Act of Seoul Southern District Court and a fine of 6 million won for a violation of the Road Traffic Act of May 26, 2014 in the same court.

[criminal facts] On August 9, 2020, the Defendant, while under the influence of alcohol at 0.258% without obtaining a driver's license on August 9, 2020, driven Epoter-II cargo vehicle from approximately 500 meters to the road near the Defendant's residence located in Jeju-si, and violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of investigation report on police preparation ( such as confirmation ofCCTV for crime prevention, etc. - prior to the D Office);

1. Each description of each internal report on police preparation (e.g., confirmation of CCTV TV for crime prevention, and/or correction of generated time);

1. Reports on the occurrence of traffic accidents by police preparation, reports on the results of the control of drinking and driving, reports on the circumstantial statements of drinking drivers, investigation reports, traffic accident reports, and the register of driver's licenses, respectively;

1. Each image of an accident site photograph, and of the related photograph;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to an investigation report (including accompanying documents) prepared by a prosecutor's office;

1. Unlicensed driving under the relevant legal provisions on criminal facts: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. The favorable circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act are the reasons for discretionary mitigation.