A defendant shall be punished by imprisonment for two years.

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 April 28, 2017, the Defendant received a summary order of KRW 1 million from the Seoul Eastern District Court on the grounds of the violation of the Road Traffic Act (driving).

around 12:08 on January 29, 2020, the Defendant driven CMW 520d car under the influence of alcohol concentration of about 0.149% without obtaining a driver's license on the section of about 1.8km from Songpa-gu through Songpa-gu to 3-lane (the sports complex direction) among the six-lanes in front of the exit area of about 368 Y-ro 368 Y-do.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

around 05:25 on December 21, 2019, the Defendant driven CMW car at the 1.5km section from the Do located in Songpa-gu Seoul Metropolitan City to the road located in 514km, without obtaining a driver’s license. The Defendant driven CMW car at the 1.5km section from the Do located in the Do located in Songpa-gu Seoul Metropolitan City to the road located in 514km.

As a result, the defendant has driven a motor vehicle without obtaining a driver's license in violation of Article 44 (1) or (2) of the Road Traffic Act more than twice.

Summary of Evidence

"200 Highest 763"

1. Defendant's legal statement;

1. Drinking-driving Control Regulations: 2020 Highest 1813;

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (precluding the previous disposition, report on results of confirmation, copy of summary order, etc.);

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act; and

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence is a crime committed while being tried due to drinking under Article 62(1) of the Criminal Act.