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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On November 26, 2013, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the Busan District Court on November 26, 2013, and was punished three times in total for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On July 11, 2020, the Defendant driven a B Typ motor vehicle without obtaining a driver's license in a state of alcohol alcohol concentration of about 0.092% from approximately 4 km section from the front of the Wancheon Bathing beach located in Bocheon-dong around the 06:32, 2020 to the 95, Bocheon-dong, Bocheon-dong, Yan-dong, Yan-dong, the 95, Yannam-do.

Accordingly, the Defendant violated the prohibition of drinking at least twice, and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The driver's license ledger of the motor vehicle report made under the circumstances of the driver's license who is inquired of the defendant's legal statement and drinking control;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of previous convictions in disposition, and applying Acts and subordinate statutes to investigation reports (verification of suspect A's same records);

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 fact that an order to attend a lecture has been served several times as a crime related to the operation of automobiles for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that the amount of alcohol content in blood is not lowered is disadvantageous.

However, the arguments and records of this case, such as the defendant's age, sexual conduct, motive, circumstance, means and consequence of the crime, etc., are shown in favor of the fact that the defendant recognized the crime and reflects the mistake, and that there was no record of punishment exceeding the fine.