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

Punishment of the crime

[criminal power] On August 19, 2010, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on the grounds of the violation of the Road Traffic Act. On May 24, 2012, the Defendant received a summary order of KRW 3.5 million for the same crime in the same court.

【Criminal Facts】

On March 26, 2020, the Defendant driven a Fpome car without obtaining a driver’s license at a 1km section from “C Association” side to “E” front of “E” in the same city from “C Association” parking lot in Sacheon-si B” to “E” in the same city. The Defendant driven a Fpome car under the influence of alcohol concentration of about 0.076% without obtaining a driver’s license.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Examination of the defendant's legal statement, the report on the circumstantial statements of the drinking driver, and the report on the situation of the drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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. 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 for discretionary mitigation;

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

1. The Defendant committed the instant crime with the reason for sentencing Article 62-2 of the Criminal Act, even though he/she had been punished for driving without a license in 2010 and 2012, and in 2013, again committed the instant crime.

In addition, according to the distance and frequency of the previous penal power as above, the degree of blood alcohol (0.076%) of this case, the distance of drunk driving (1km), and other various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered, by comprehensively taking into account the following factors.