A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 3, 2009, the Defendant received a summary order of KRW 6 million for a crime of violation of the Road Traffic Act (driving) from the Daejeon District Court’s official branch on August 3, 2009, and a summary order of KRW 5 million for the same crime in the same court on May 18, 2017.

【Criminal Facts】

On September 5, 2020, at around 16:45, the Defendant driven a e-cub vehicle while under the influence of alcohol concentration of 0.096% without obtaining a driver’s license from the front of the C funeral hall located in C, which is located in C, in D, to the front of the same city.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant’s legal statement, survey report on the actual state of his/her oral statement, report on the circumstances of his/her oral statement, investigation report, and register of driver’s licenses for motor vehicles with control details;

1. damaged vehicles and photographs of fluorial vagabonds;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order, the order to attend lectures, the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime of this case, and all the sentencing factors expressed in the process of the trial, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

D. Unfavorable circumstances: A person repeatedly commits the same kind of crime in another state without a license even after three times (2001, 2009, 2017) had already been convicted of driving under influence of alcohol and three years have passed since the previous crime was committed, and a traffic accident occurs.