Defendant shall be punished by imprisonment for a term of one year and two 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

【The Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 27, 2008. On June 3, 2014, the Defendant received a summary order of KRW 3 million for the same crime from the same court on June 3, 2014. On November 23, 2017, the same court received a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving).

【Criminal facts】 On September 12, 2020, the Defendant driven a spke car without obtaining a driver’s license from the front of the B apartment at Yangju-si through the D pharmacy located in Yangju-si to the front road of the B apartment at approximately 1km alcohol concentration of about 0.086% in blood from the 1stm section to the D pharmacy located in Yangju-si.

As a result, the Defendant, who violated the prohibition of drinking, driving a motor vehicle again while under the influence of alcohol in violation of the prohibition of drinking, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger (A);

1. Previous convictions indicated in the judgment: Inquiry of criminal history data, investigation reports (report on confirmation of the records of the same kind of crime as the suspect), and application of a copy 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Act regarding community service and lecture attendance order is that the Defendant already committed the crime of drinking and non-licensed driving of the instant case even though he had been punished for each drinking around around 2008, around 2014, and around 2017.