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

Punishment of the crime

On September 12, 2017, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 12, 2017, a fine of four million won for the same crime in the same court on August 8, 2019, and a fine of one million won in the same court on May 27, 2020, respectively.

On August 30, 2020, at around 07:00, the Defendant started from the front road of the North Korean-U.D., the Defendant driven the Defendant’s CK5 vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 109km from around the front road of the Seocho-do, Jincheon-gun, Jincheon-gun, Jincheon-gun, Seoul to the upper road of the early 08:20 on the same day without obtaining a driver’s license.

Summary of Evidence

1. The defendant's legal statement, the report on the status of his driving, the circumstantial statement of his driver, and the investigation report (the circumstantial report of his driver);

1. Application of Acts and subordinate statutes to the investigation report on the register of driver's licenses (case on the calculation of the distance operated by a suspect), criminal records, etc.;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is very bad in that the Defendant committed the instant crime even though he/she was punished by a fine due to the crime of driving without a license on May 2020, even though he/she had the record of being sentenced to the punishment due to the crime of driving without a license on around 2017 and around 2019.

However, the fact that the defendant shows an attitude against the defendant, and that the defendant does not sell the vehicle and does not repeat the crime, and that the so-called "nurging driving case" is a circumstance that should be considered in favor of the defendant.

Other records of this case, such as the age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime.