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

1. On March 4, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 3 km from the Do in the south-gu Seoul Metropolitan City to the adjacent parking lot in the same Gu C from the Do in the same Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City without obtaining a driving license on March 4, 2020.

2. On April 18, 2019, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million by a fine of KRW 2 million by committing a violation of the Road Traffic Act at the site of Pyeongtaek District Court in Suwon District Court on April 18, 2019, and on August 22, 2019, the same court issued a summary order of KRW 3 million with the same penalty of violating the Road Traffic Act.

On March 4, 2020, the Defendant, who was punished for driving a motor vehicle, etc. while under the influence of alcohol, driven the E body-ray motor vehicle with approximately 10 meters of alcohol content 0.062% while under the influence of alcohol in a nearby parking lot located in the Dong-gu Seoul Metropolitan City, Chungcheongnam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of car driving licenses and investigation reports (CCTV video review);

1. Previous records: Criminal records, etc. and inquiries and investigation reports, and the application of Acts and subordinate statutes related to the same type of suspect power;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;