A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 18, 2012, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. on January 18, 2012. On October 20, 2014, the Defendant was issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (drinking driving), and on November 21, 2019, on November 21, 2019, the Defendant was sentenced to imprisonment of 1 year and 6 months and 3 years of suspended execution.

On September 4, 2020, the Defendant driven an Eco-Ban car without a vehicle driver's license in the direction of approximately 30km section from the front of the Mahcheon-si to the front road located in C in C in Nam-si, the Defendant driven an Ecodo-Ban car without a vehicle driver's license in the state of alcohol concentration of about 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of a written inquiry, text of judgment, and summary order, such as criminal history;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act which are heavier between the crimes provided for in Articles 40 and 50 shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment are the same criminal records and the defendant can have been sentenced to a suspended sentence due to driving under drinking, and since he/she again drives under the suspended sentence while driving under the suspended sentence, it is inevitable to sentence a sentence.

However, the fact that the defendant acknowledges and reflects the wrong, supports the wife being receiving medical care due to cerebrovascular, and the wife seems to have no independent living ability, and the vehicle is not re-offending while transferring the vehicle.