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

On November 2, 2012, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court as a result of the violation of the Road Traffic Act.

At around 22:20 on September 12, 2020, the Defendant driven a e-learning car under the influence of alcohol concentration of 0.180% without obtaining a driving license from a vehicle driving license within approximately 200 meters, up to the same military unit D, on the front of the C cafeteria located in Gangwon-gun, Gangwon-do.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol without obtaining a driver's license at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, such as photograph description, detailed statement of control, inquiry into the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, report on the situation of drinking driving, notification of the results of the regulation of drinking driving, and the register of

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, without a license, driven a vehicle at approximately 200 meters while under the influence of alcohol 0.180% of alcohol level.

The defendant has a record of being punished for a fine of KRW 5 million due to drinking driving in 2012.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of