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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 9, 2011, the Defendant issued a summary order of KRW 1.5 million to the Chuncheon District Court for a violation of the Road Traffic Act, and on October 2, 2012, the same court issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act. On May 23, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act by the same court.

Criminal facts

1. Around 19:30 on August 12, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a vehicle EK7 vehicle without obtaining a driver’s license at a section of about 40km from the front day of the Gangwon-si, Gangwon-si to the front day of “D” located in Gangwon-si, Gangwon-si, Gangwon-do.

2. On August 13, 2020, the Defendant driven an E-7 vehicle without obtaining a vehicle driver’s license from the front side of “D” located in Gangwon-si, Gangwon-si, Gangwon-si, Gangwon-do, to the front side of “G” located in Gangwon-si, Gangwon-do, while under the influence of alcohol by 01:53% of the blood alcohol concentration of 0.218%.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, report on the actual condition, report on field photograph-taking drivers’ circumstantial statements, and the register of driver’s licenses for motor vehicles committed under the influence of drinking;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 concerning the facts constituting an offense, respectively;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;