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

[criminal power] On August 22, 2012, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Seog-gu Branch Support Act, and a summary order of KRW 3.5 million for the crime of violating the Road Traffic Act in the Seog-gu Branch Support Act on May 29, 2018, respectively.

【Criminal Facts】

On February 8, 2020, at around 15:30, the Defendant driven a DEX car without obtaining a driver’s license from around 12 km to the front road of the same Do Sung-gun, Do Sung-gun, and without obtaining a driver’s license, while under the influence of alcohol concentration of 0.09%.

Therefore, although the defendant had a record of punishment for drunk driving, he also driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement of the police statement of the defendant E in court;

1. On-site survey report, on-site photographs, notification of the results of the drinking driving control, the ledger of driver's licenses, the vehicle register, and the report on the carrying-over of mandatory insurance (on-net 16);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

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 suspended execution (see, e.g., Article 62(1) that the defendant recognizes all of the crimes in this case; Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Do1448, Apr. 2, 2007; Supreme Court Decision 2008Do1488,

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;