Defendant shall be punished by imprisonment for a term of one year and four months.

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 September 19, 2006, the Defendant was issued a summary order of 2,50,000 won by a fine for a violation of the Road Traffic Act at the Busan District Court on September 19, 2006, and on March 28, 2012, the same court issued a summary order of 2 million won as a fine for the same crime, and on October 11, 2018, issued a summary order of 5 million won as a fine for the same crime at the Busan District Court Branch Branch.

On June 29, 2020, at around 20:0, the Defendant driven a motor vehicle with approximately 3 km from the front of the B apartment in Busan Northern-gu to the front of the D in Busan-gu, and without obtaining a driver's license, the Defendant driven a motor vehicle with the Eone Star under the influence of alcohol concentration of about 0.172%, without obtaining a driver's license.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver, investigation report, ledger of driver's licenses (A), and details of disposition for cancellation of driver's licenses (A);

1. Previous convictions in judgment: Inquiries of criminal records, etc. and the application of Acts and subordinate statutes for investigation reports (in the face of 53 pages of investigation records);

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in each of the following crimes without any reflection even though the defendant was sentenced to a fine due to drinking driving in 2018, and the defendant's blood alcohol concentration is considerable to the defendant's disadvantage.

However, the defendant has no record of the suspension of the execution of imprisonment without prison labor or any heavier punishment for the same criminal record.