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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 1, 2016, the Defendant received a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 1, 2016.

On July 29, 2020, at around 23:11, the Defendant driven C C C in the state of alcohol alcohol concentration of about 0.158% without obtaining a driver's license in the section of about 2 km from a Do near the so-called Haak-dong in Priju City to B in front of Priju-si.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice (Prohibition of Driving under the influence of alcohol) and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a motor vehicle under consideration, and investigation report;

1. The ledger of driver's licenses for automobiles reported on the results of the drinking driving control, and the results of the drinking driving control;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of four copies of summary orders;

1. Relevant provisions of Article 148-2 (1) and 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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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, such as probation, community service order, and order to attend a lecture, is that the defendant's mistake is divided, and in any case, he will not drive a drinking free license in the future.

Social ties are clear, and the detention of the defendant is likely to involve excessive difficulties for his/her dependents.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, blood alcohol level, circumstances before and after the crime, crime records, etc. shall be determined in comprehensive consideration of various circumstances shown in the arguments.