A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 15, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court Goyang Branch on the charge of violating the Road Traffic Act.

On September 30, 2020, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol leveling 0.139%, without obtaining a driver's license, at a section of approximately one meter near B of the road near Pariju on September 30, 202.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. The defendant's legal statement statement report on the situation of the driver placed in driving and the driver's license register notified as a result of regulating drinking driving;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of a summary order of the same crime committed by the suspect A), application of Acts and subordinate statutes of three copies of the summary order;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Despite the past record of a fine of one time and two times due to the driving of drinking alcohol on the grounds of sentencing in Article 62-2 of the Social Service Order and the probationary observation and education order and the order to attend a community service order, recidivism has been committed, and the degree of the principal practice is not easy.

However, in addition to the above three times of fines, considering the fact that there is no criminal record and the fact that there is a reflective error, the punishment is determined as ordered and the execution of the punishment is suspended, taking into account the following factors: the defendant’s age, social living relationship, background leading to the crime, circumstances before and after the crime, etc., and various sentencing factors revealed in the course of investigation and trial.