A 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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 8, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Cheongju District Court Support on February 8, 2007, a summary order of KRW 3 million for the same crime in the same court on May 2, 2011, and a summary order of KRW 5 million for the same crime in the same court on September 12, 2016.

Nevertheless, at around 17:27 November 10, 2019, the Defendant driven a FIst motor vehicle under the influence of alcohol concentration of about 15 km from the 15km section to the E-cafeteria in the D Tourist Complex C, where it is difficult to identify the detailed address in the Hawyang-gun B, the Defendant was under the influence of alcohol concentration of about 0.218% without obtaining a driver’s license.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated the above vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Application of Acts and subordinate statutes to criminal records, probationary records, investigation records (verification before and after the driving of sound, three times), 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, records, such as the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc. are revealed.