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 March 23, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) in the Changwon District Court’s territorial branch on March 23, 2015.

On June 16, 2020, the Defendant driven a knife car with 0.106% alcohol concentration in blood, without obtaining a driver’s license, from the front road in C, which is located in B, 22:5 on the same day from June 16, 2020, to the front road in D, Young-si, 22:55 on the same day, and driving a knife car with 0.106% alcohol concentration in blood.

As a result, the Defendant driven a motor vehicle in violation of the prohibition of drinking driving regulations at least twice without a driver's license from the local police agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Application of Acts and subordinate statutes, such as written inquiry about criminal history, summary order, etc.;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the same Act are as follows: (a) the Defendant has a history of criminal punishment of a fine due to drinking alcohol in 2015; (b) there are many records of criminal punishment of a fine due to driving without a license; and (c) the history of punishment due to driving without a license is imposed by taking into account all the circumstances, including the driving of the instant drinking; and (d) the driving without a license even at the time of driving of the instant drinking.