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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 18, 2008, the defendant was issued a summary order of 2.5 million won for the violation of the Road Traffic Act in the Gwangju District Court's net support on January 18, 2008.

On June 14, 2020, at around 21:27, the Defendant driven a motor vehicle with the low alcohol level of 0.192% under the influence of alcohol level 0.192%, without obtaining a driver’s license, from the front of a cafeteria to the roads in the B in the Ycheon-si, where the specific address in the Ycheon-si is unknown.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports (one time of the same kind of power), and application of Acts and subordinate statutes of one copy 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 for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2008Da1320, Jan. 1, 2008; Supreme Court Decision 2008Da1320, Feb. 21, 200)

1. Order to attend lectures under Article 62-2 of the Criminal Act;