A defendant shall be punished by imprisonment for a term of one year and three 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

[criminal power] On October 10, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court, and a summary order of KRW 3 million as a fine in the same court on January 8, 2014.

【Criminal Facts】

On April 23, 2020, at around 00:31, the Defendant driven a DM3 vehicle without obtaining a driver’s license from a distance of about 300 meters from the front road of Suwon-gu, Suwon-si to the front road of the same Gu C, with a blood alcohol concentration of about 0.050%.

As a result, the Defendant violated the regulations prohibiting drinking driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the results of the drinking driving control, and a drinking-free boat;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;

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;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the sentence of the same sentence as the order shall be imposed by comprehensively taking account of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., and the execution of the sentence shall be suspended, and orders to attend each community service and compliance driving lecture in order to grant the reflective time and opening time through treatment within society.

On December 31, 2013, the driver's license was revoked.

Nevertheless, in the state of non-licensed driving, the driver is also under the influence of drinking, and from June 25, 2019.