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.

Criminal facts

【Criminal Power】 On October 30, 2018, the Defendant was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Ponding Branch of the Daegu District Court.

【Criminal Administration” on November 29, 2019, the Defendant driven a DK5 vehicle at approximately 1km section from the front side of the city bus terminal located in Nam-gu B at one-way port to the front side of the city bus terminal located in Jung-gu at 85 square meters, without obtaining a driver’s license, at around 02:20 on November 29, 2019.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, report on detection of violation of the Road Traffic Act (license for drinking and without a license), report on the state of state of drinking drivers, report on the control of drinking driving, notification on the results of drinking driving, and the register of

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspects' records of drinking driving);

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

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

1. Article 62-2 of the Criminal Act regarding probation and order to attend a course of study is high in blood alcohol concentration for the reason of sentencing, is high in driving without a license, and a motor vehicle at the time of driving under influence of alcohol in the immediately preceding 2018 was operated under the same drinking or non-license at the time of the instant crime, and the interval between two crimes exceeds one year: Provided, That there is no penal power other than the crime of violation of the Road Traffic Act in 2018, and there is no criminal history other than the crime of violation of the Road Traffic Act in the year 2018, and the defendant