A defendant shall be punished by imprisonment for one year.

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 December 9, 2019, the defendant was issued a summary order of a fine of up to 6 million won by the Incheon District Court for a violation of the Road Traffic Act.

On September 26, 2020, at around 07:34, the Defendant driven a DNA rocketing car with a blood alcohol concentration of 0.124% without obtaining a driving license from around 500 meters from the Michuhol-gu Incheon to the same Gu C, from around 500 meters to the same Gu C.

As a result, the Defendant violated the regulations on prohibition of drunk driving more than twice and operated without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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;

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(1) of the Criminal Act and Article 59 of the Act on Probation, etc., even though the Defendant had been subject to criminal punishment for a violation of the Road Traffic Act, the Defendant was driving under the influence of alcohol without obtaining a license as stated in its reasoning.

The defendant's responsibility is heavy in that the defendant repeats a high risk of drinking driving in itself, and the blood alcohol concentration at the time of driving was not lowered.

However, taking into account the fact that the defendant recognized the crime of this case and did not repeat the crime, the sentencing conditions in this case, including the defendant's age, character and conduct, family relation, motive for the crime, time and distance of drinking driving, and circumstances after the crime, etc., are comprehensively taken into account.