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 March 21, 2019, the Defendant was issued a summary order of a fine of five million won at the Cheongju District Court on March 21, 2019.

【Criminal Facts】

On September 20, 2019, the Defendant, without obtaining a driver’s license at around 06:10 on September 20, 2019, driven an E-friendly vehicle at approximately 40 meters from the road front of the Dandong-gu Seoul Metropolitan City, Cheongju-si, Cheongju-si, with a blood alcohol concentration of 0.18% under the influence of alcohol.

As a result, the Defendant driven a motor vehicle without a driver’s license, in violation of the provision on prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Registers of driver's licenses;

1. Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports (verification of suspect driving 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Comprehensively taking into account all the favorable circumstances, such as the recognition of the crime of sentencing under Article 62-2 of the Social Service Order Act and the erroneous and contradictoryness, the circumstances to be considered in driving circumstances, the degree of alcohol concentration, the higher level of drinking alcohol level, and the repeated driving of drinking in a short period, and other unfavorable circumstances, such as the Defendant’s age, character and behavior, motive for the crime, and the circumstances before and after the crime, etc., and the sentencing conditions specified in the instant records and arguments, such as the record and arguments, shall be determined as the sentence as ordered.