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

[criminal power] On March 25, 2019, the Defendant was issued a summary order of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on March 25, 2019; and on January 15, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act by the same court on January 15, 2014, respectively.

【Criminal Facts】

At around 02:20 on January 29, 2020, the Defendant driven a motor vehicle with a Fursom under the influence of alcohol level of 0.137% without obtaining a driver's license in the section of about 10km from the front road of "C" located in the Dong-gu, Gyeonggi-si, Seoul Metropolitan Government, to the front road of the "Esom" located in the same Si-gu.

As a result, the defendant driving of a vehicle without obtaining a driver's license at the same time, and violated the Road Traffic Act prohibiting driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking-driving control, the record book of measurement of drinking alcohol, the circumstantial statement of a drinking-driving driver, investigation report (report on the situation of drinking-driving), and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same criminal records) and statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 on the suspended execution (Taking into account that there is no record of punishment exceeding a fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;