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

[criminal record] On August 25, 2017, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Jeju District Court. On September 5, 2017, the same court issued a summary order of three million won for a violation of the Road Traffic Act (Free Driver's License).

[Criminal Facts] On July 29, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving a C low-priced car at approximately 700 meters away from the south-distance road near the Donam-dong in Jeju-do to the front of the Jeju-si, while under the influence of 0.129% of alcohol without obtaining a driver's license on July 29, 2019.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry into the circumstantial statements of, and investigation into, the police preparation reports, reports on detection of, and the register of driver's licenses for motor vehicles; and

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to investigation report (including attached documents) on the preparation of a prosecutor's office;

1. When a person drives a motor vehicle without a license among the acts as stated in the pertinent legal provisions concerning criminal facts: Article 148-2 (1) or 44 (1) of the Road Traffic Act; Article 152 subparagraph 1 or Article 43 of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【Scope of the sentence under law” 1 year to 2 years and 6 months.