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

[Criminal Power] On May 9, 2019, the Defendant received a summary order of KRW 3,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On October 22, 2019, at around 00:50, the Defendant driven a F-learning car without obtaining a driver's license from the front of the "C cafeteria" road in Yangsan City B to the front of the E Center located in D in Yangsan City, and without obtaining a driver's license from around 500 meters in a section of about 0.124% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of regulating drinking driving, reporting on the circumstantial statements of drinking drivers, and the register of driver's licenses (before the market), such as the criminal records, and application of Acts and subordinate statutes of a summary order;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [The statutory punishment under Article 148-2 (1) of the Road Traffic Act: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won and not more than 10 million won and not more than 20 million won] have been sentenced once to a fine for the same kind of crime; however, the confession of the crime of this case is made and the mistake is divided, and other factors of sentencing are considered, such as the defendant's age, environment, blood alcohol concentration and driving distance, and conditions after the crime, etc., the punishment shall be determined as ordered.