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 July 5, 2019, the Defendant received a summary order of a fine of KRW 3 million for a crime of violation of the Road Traffic Act from the Daejeon District Court.

On October 30, 2019, at around 16:17, the Defendant driven a sports cargo vehicle in ECo without obtaining a driver's license with a blood alcohol level of about 500 meters at approximately 0.069% while under the influence of alcohol level from around the construction site B of Sejong Special Self-Governing City to the front intersection of D elementary schools located in the same city C.

Accordingly, the defendant was driving a motor vehicle without obtaining a driver's license at the same time in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the results of the crackdown on drinking driving, report on the control of drinking driving, and circumstantial statement of drinking drivers;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes regarding criminal records, etc., probationary orders issued by the Daejeon District Court 2019 High Court and about 4053;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), 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 for a violation of Article 40 or 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment or imprisonment with prison labor;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;