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 December 15, 2017, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch on December 15, 2017, and on August 14, 2018, issued a summary order of KRW 3 million for the same crime at the Seoul Central District Court.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on November 17, 2018, at around 20:33, the Defendant driven BingMK car while under the influence of alcohol with approximately 0.118% alcohol concentration without obtaining a driver’s license from the 1km section of about 1km to the roads located in the 1138-ro, Namyang-si, Namyang-si, Namyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. License register;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, investigation reports (A), results of confirmation before and after disposition, investigation reports, investigation reports (criminal records before sound driving), and application of Acts and subordinate statutes which duplicate the summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: One to three years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. On November 17, 2018, the Defendant was punished for a violation of the Road Traffic Act (driving) around 2017 and around September 7, 2018, but the Defendant was driving a motor vehicle without a driver’s license on November 17, 2018, under the influence of 0.118% of the blood alcohol concentration without a driver’s license. The nature of the offense is bad.

However, the defendant.