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 June 10, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court. On August 4, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and on April 14, 2016 at the same court, the Defendant issued a summary order of KRW 8 million for a crime of violation of the Road Traffic Act.

On October 27, 2019, at around 09:40, the Defendant driven D K7 Habrid vehicles under the influence of alcohol concentration of about 0.051% without obtaining a driver’s license in the section of about 1km from the front of the Guri-si B market to the front of the same Si apartment.

As a result, the defendant did not obtain a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the same kind of suspect records)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 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 the 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the accused has been punished several times for the same kind of crime, such as drinking, driving without a license, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before the sentencing is completed;

Nevertheless, the crime of this case was committed with the driver's license with the blood alcohol concentration of 0.051%.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The above circumstances are included.