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 8, 2019, the Defendant, without obtaining a driver’s license on a motor vehicle on June 22, 2019, driven a motor vehicle with an E-A-hurturd vehicle from approximately 3 km to the front road of the D High School located in the same city C, in the state of under the influence of alcohol of 0.196%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A copy of the usage register of a drinking-free measuring instrument, and a circumstantial statement of a drinking driver;

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

1. The application of the register of driver's licenses and the provisions of Acts and subordinate statutes concerning car checking;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant repeated without obtaining a license after the revocation of the license in 1994.

The case also is driving under the influence of alcohol.

The parked vehicle was discovered while destroying it.

Considering the defendant's records of the same crime [the fine of three million won due to the violation of the Road Traffic Act (Free Driver's License) on December 22, 2017, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) on December 22, 2017, the violation of the Road Traffic Act (Free Driver's License) and the violation of the Road Traffic Act (Free Driver's License) on December 15, 201, the fine of two million won due to the violation of the Road Traffic Act (Free Driver's License) on December 15, 201, and the fine of five hundred thousand won due to the violation of the Road Traffic Act (Free Driver's License) on December 14, 201)] of the defendant, the crime is very poor.

In consideration of the fact that the defendant scrapped the vehicle, again does not drive drinking and without a license, the condition of probation shall be taken into account.