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 June 11, 2015, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, and a fine of KRW 7 million for the same crime in the same court on January 7, 2016, respectively.

On August 4, 2020, at around 09:38, the Defendant driven a D low-speed car while under the influence of alcohol level 0.188%, without obtaining a driver's license in a section of about 4 km from the front of the Chungcheongnam-gun budget-gun to the front of C.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each relevant summary order attached thereto;

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 ordinary concurrent crimes (the punishment prescribed for a violation of each Road Traffic Act at the time of marketing and the punishment heavier than that of a violation of the Road Traffic Act shall be imposed);

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 of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished twice due to drinking driving in the past, and the Defendant committed the instant crime. The fact that the nature of the instant crime is not good, and that the drinking water is high is disadvantageous to the Defendant.

However, the fact that the defendant recognizes his mistake, that the defendant has no record of criminal punishment heavier than the fine, and that the present health is not good.