A defendant shall be punished by imprisonment for one year.

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 May 12, 2017, the Defendant was issued a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Chungcheong District Court.

On August 16, 2019, at around 22:55, the Defendant driven a C QM6 vehicle under the influence of alcohol content 0.134% while under the influence of alcohol, without obtaining a driver’s license, from around 1525:5 to around 2km in the front of the Dan-gun Audio Group, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and from around 1525:0 to the new capital intersection.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Statement on circumstantial statements of a driver of the driving school;

1. Notification of a result of drinking driving control (electronic document);

1. Registers of driver's licenses;

1. Criminal records: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records), summary orders, and other statutes applicable;

1. Relevant provisions of Article 148-2 (1) and 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 the 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. Probation, community service order, an order to attend education, despite the fact that a person was subject to several criminal punishments on the grounds of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol content, the fact that the person committed a crime again, and the third person’s unlicensed driving during the two-year period, etc. In addition, the punishment shall be determined by taking into account the circumstances of the crime, the background of the crime, the period of non-driving without a license, the period of recidivism without a license, the criminal records (no criminal records exceeding fine), the circumstances after the crime, and other sentencing conditions, and the probation, etc.