A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Criminal Power] On November 29, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution by the Seoul Central District Court for the violation of the Road Traffic Act.

【Criminal Facts】

On September 23, 2019, at around 23:05, the Defendant driven a FIstton vehicle under the influence of alcohol concentration of about 0.067% without obtaining a driver's license from around 100 meters in a section of approximately 100 meters from the roads near C in the Southern Sin-si B to the front of E in the Southern Sin-si.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses for automobiles which are inquired of the state of driving without a license, report on the state of driving without a license, and control of drinking;

1. Previouss before judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes of investigation report (No. 21);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without Permission"), Article 152 subparagraph 1, or Article 43 of the same Act concerning facts constituting an offense. Article 40 or 50 of the same Act concerning the standing concurrent crimes (Punishment of a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving)

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act for probation, order to attend a lecture, and order to provide community service order shall be based on a comprehensive consideration of the circumstances surrounding the Defendant’s drinking operation, the criminal records of the Defendant, the age, character, conduct, environment, etc. of the Defendant, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of