A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal record] On July 16, 2020, the Defendant was issued a summary order of KRW 8 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[criminal facts] On August 23, 2020, without obtaining a driver's license, the Defendant violated Article 44 (1) of the Road Traffic Act by driving a DNA car owned by himself/herself in the section of about 13 km from the front of the public parking lot in Jeju to the front of the public parking lot in Jeju, with a blood alcohol level of 0.203% under the influence of alcohol at around 04:37.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the circumstances of a drinking driver, investigation report, report on the results of the drinking driving control, report on the results of the driving under alcohol control, and entry into the register of driver's licenses, respectively;

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecutor (including attached documents of a summary order of the same kind of power);

1. Unlicensed driving under the relevant legal provisions on criminal facts: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is 【Scope of the sentence to be sentenced by law】 Imprisonment for a year from one year to two years (the sentence to be sentenced in case of discretionary mitigation).