A defendant shall be punished by imprisonment for a term of one year and three 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 November 7, 2016, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court for a violation of the Road Traffic Act, and a fine of KRW 5 million by the Suwon District Court on February 15, 2017.

【Criminal Facts】

On May 31, 2020, at around 03:45, the Defendant driven a motor vehicle E-3 vehicle without a driver's license, while under the influence of alcohol concentration of approximately 0.131% from the front side of the drinking alley of Seongdong-gu Seoul University to the front side of D in the same Gu C from around 600 meters.

As a result, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition of drinking, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, respiratory test, register of driver's licenses for motor vehicles, and red inquiry (E);

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (verification of criminal records of the same kind as the case);

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 Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been punished once by a fine due to drinking alcohol driving or once a fine due to driving without a license, the defendant also has the record of criminal punishment on several occasions, and the defendant has the record of criminal punishment. However, the defendant is against the recognition of the crime, and the blood alcohol concentration, driving distance, and other matters.