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

[criminal history] On August 11, 2008, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (driving alcohol) at the Jung-gu District Court. On August 27, 2010, the Defendant was sentenced to a fine of two million won for the same crime at the Seoul Southern District Court and a fine of five million won for the same crime at the same court on July 6, 2016, respectively.

[Criminal facts] On November 5, 2020, around 23:15, 2020, the Defendant driven a ENA-type car while under the influence of alcohol concentration of about 0.094% without a vehicle driver's license in approximately 100 meters around the roads in front of Gwanak-gu Seoul Special Metropolitan City D, Seoul Special Metropolitan City.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver who is placed in the main oral statement and investigation report (the situation report of the driver who is placed in the main oral statement);

1. Criminal records as stated in the judgment: References to inquiries, such as criminal history, investigation reports (the same kind of force), summary orders, and application of the statutes governing the judgment;

1. Articles 148-2(1), 44(1) (a) of the Road Traffic Act, Articles 152, and 43 of the Road Traffic Act, the provisions of Articles 40 and 50 of the same Act (a punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment) of the same Act concerning criminal facts, and Articles 53 and 55(1)3 of the same Act concerning the reduction of the amount of selective imprisonment for the selective punishment of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend each lecture, is that the defendant repeats drinking and non-licenseless driving, and the drinking volume of this case is heavy.

In light of the transfer history of the defendant, it seems that there is little possibility that the road traffic law will be observed or that there is little possibility of opening the road is disadvantageous to the defendant.

However, this case's age, sex, environment, motive, means and consequence of the crime, etc. shall be considered in favor of the defendant, taking into account the fact that the defendant had no record of punishment heavier than the previous fine, and that there was no record of punishment.