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

On June 21, 2018, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s territorial branch on June 21, 2018, and on August 31, 2018, the Defendant issued a summary order of KRW 5 million for the same crime in the same court.

1. Around 18:00 on December 9, 2019, the Defendant driven an EK5 vehicle without obtaining a driver’s license from the front of the Defendant’s residence in C at a macro-city, to the front of the D cafeteria located in C at a Tong-si, through a 25km section from the front of the Defendant’s dwelling to the front of the D cafeteria located in C at a Tong-si.

2. Around 00:44 on December 9, 2019, the Defendant driven the said vehicle under the influence of alcohol by 0.131% without obtaining a driver’s license from the 1km section from the D cafeteria in Tong-si C to the Chungcheong Library in front of the Chungcheong Library located in 7-87 outside through through through the C, and without obtaining a driver’s license.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving regulations not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Legal provisions;