A defendant shall be punished by imprisonment for not less than one year and six 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

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On November 24, 2009, the Defendant issued a summary order of KRW 1,000,000 as a crime of violation of road traffic law (driving) at the Chuncheon District Court on November 24, 2009 (see, e.g., evidence record).

Criminal facts

On October 5, 2020, the Defendant, without the driver’s license of a motor vehicle (see, e.g., evidence No. 4) (see, e., evidence No. 26), driven a ESV250-wheeled vehicle (hereinafter, referring to evidence No. 27-C) with approximately KRW 2.5 km on the road near Chuncheon-si apartment (see, e.g., evidence No. 28), under the influence of alcohol level of 0.191% (see, e., evidence No. 26).

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated a non-licensed motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. On October 5, 2020, inquiry about the scene photographs of a non-licenseed driver's license (attached to 2), the driver's license ledger, tea inquiry, and the result of crackdown on the driving of alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes confirming the same criminal history;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts (the point of driving a non-licensed motor vehicle)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;