A defendant shall be punished by imprisonment for one year.

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 record] On November 17, 2010, the Defendant was issued a summary order of a fine of two million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[criminal facts] On May 25, 2020, the Defendant, while under the influence of alcohol 0.173% without obtaining a driver's license, violated Article 44 (1) of the Road Traffic Act by driving a B-in car at least twice in the section of about 3 km in the section of about 3 km in Jeju to the roads located at the lower limit of 141 in the lower limit of the Doi-Eup in the Jeju-si in the Jeju-si in the lower limit of 0.17%.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the occurrence of a traffic accident by police preparation, report on the traffic accident, inquiry into the results of the control of drinking and driving, report on the circumstantial statement of a drinking driver, investigation report, report on the 112 reported case register, and entry into the register of driver's licenses; and

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecutor (including attached documents of a summary order of the same kind of power);

1. Unlicensed driving under the relevant legal provisions on criminal facts: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. are as follows: (a) one year to two years and six months.