Defendant shall be punished by imprisonment for a term of one year and two months.

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 March 2, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Changwon District Court on July 27, 2017, and a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act, respectively.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, at around 19:05 on October 16, 2019, the Defendant was driving a non-registered c with no mandatory insurance without obtaining a driver’s license in a section of approximately 300 meters from C located in Changwon-si, Changwon-si, Seoul to the front day of the same Gu from around 19:05 to about 0.123% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. The ledger of driver's licenses;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment prescribed for the crimes of heavier electronic crimes);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments for the crimes of violating the Road Traffic Act which are heavier than the punishment, double concurrent crimes];

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. Suspension of execution is Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds), which is favorable.