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 October 24, 2007, the Defendant was sentenced to a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and on November 16, 2017, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Cheongju District Court’s Incheon Branch Branch on November 16, 2017.

On June 25, 2019, at around 07:42, the Defendant driven an E-high vehicle with a blood alcohol concentration of about 0.081% without obtaining a driver's license from the front of the building located in Incheon City B to the front of D, located in Incheon City.

Accordingly, the defendant, in violation of Article 44 (1) or (2) of the Road Traffic Act at least twice, was driving a motor vehicle while driving the motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Criminal records, inquiry reports, investigation reports (three times before the same type of crime), one written judgment, and application of two copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) 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. 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 (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The defendant shall extend to twice in 2007 and 2017.