A 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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 18, 2018, the defendant was issued a summary order of a fine of KRW 5 million at a district court with the same power four times, including the defendant's issuance of a summary order of KRW 5 million for a violation of the Road Traffic Act.

On May 7, 2020, at around 05:05, the Defendant driven CTB car volume without obtaining a driver’s license with a blood alcohol concentration of about 0.123% in the section of about 15 km from the nearest road of Jinyang-si, Chungcheongnam-si to the front road of the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses for report on detection (violation of the Road Traffic Act-free driving and drunk driving);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same Act;

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

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

1. Before the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, the Defendant has been punished several times due to drinking without a license (four-time driving without a license and three-time driving without a license). In particular, in 2016, the Defendant was sentenced to eight months of imprisonment due to a driving without a license for drinking in 2016 and completed the enforcement of the sentence, and was sentenced to a fine for a driving without a license for drinking in 2018 during the period of repeated offense.

The possibility of criticism against the defendant and the risk of recidivism are high so it is necessary to severely punish the defendant.

However, it is advantageous to the fact that the defendant recognizes the crime of this case, there is a family member to support the defendant, and the defendant does not drive a drinking free license again, and disposes of the above driver's vehicle.