A defendant shall be punished by imprisonment for two years.

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

[criminal history] On January 4, 2007, the Defendant was sentenced to a fine of KRW 300,000 as a crime of violation of road traffic law in the Jeonju District Court’s branch of Eup, and on November 2, 2018, the Defendant was sentenced to a summary order of KRW 4 million as a crime of violation of road traffic law (driving) at the Jeonju District Court’s branch of Eup.

[2] The Defendant, on August 16, 2020, driven a DNA-based car with alcohol content of about 0.201% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from around C in front of the city of Jung-gu, Jung-gu, Seoul, to the roads in front of the office of Jung-Eup located in the central city of Jung-Eup, the Defendant driven a DNA-based car with alcohol content of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any violation of traffic laws (unlicensed driving, drinking driving) on roads;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Disqualifications of the main office;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

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. Selection of a sentence of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving)

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

1. The degree of alcohol concentration is very high among the reasons blood for sentencing of Article 62-2 of the Criminal Act, and the police officer sent out after receiving a report on the suspected driving of drinking alcohol was found to be unable to drive normally and normally.

In consideration of the short driving distance, the execution of punishment shall be suspended on the condition of protection observation, community service order, and lecture order, taking into account the records of the same crime, etc.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are all the conditions of sentencing as shown in the argument of this case.