Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 23, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Busan District Court’s branch court’s branch court.

【Criminal Facts】

On June 2, 2020, around 21:50, the Defendant driven DM7 vehicles under the influence of alcohol concentration of about 0.210% without a driver’s license, from the front of the Gacheon-si General Welfare Center for Persons with Disabilities, which is located in 447, the Jacheon-si, SM7, the front of the Gacheon-si General Welfare Center for Persons with Disabilities, to the front of C in the same city.

Accordingly, the defendant has driven a motor vehicle without a driver's license in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the status of the defendant at the time of driving, the previous punishment records of the defendant, and the conditions of various sentencing as shown in the pleadings of the case,