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

On June 14, 2018, the Defendant received a summary order of KRW 5 million from the Jeju District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and on October 14, 2010, the Defendant received a summary order of KRW 1,50,000 for a fine of KRW 1,50,00 for a violation of the Road Traffic Act.

On November 12, 2019, at around 20:50, the Defendant driven an E Car with blood alcohol concentration of about 0.088% without obtaining a driver's license from around 21:10 on the same day from the front of the C Station located in Seo-gu Incheon Metropolitan City, Seo-gu to the front road of Incheon Seo-gu, Seo-gu, Incheon.

As a result, the defendant was driving without obtaining a driver's license, and at the same time, violated the prohibition of drinking driving or the punishment of refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Report on the situation of operation without a license;

1. Records before judgment: Criminal records, etc., inquiry reports, written opinions, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflectability and blood alcohol concentration relatively high);

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;