The punishment of the accused shall be determined by two years of imprisonment.

However, for a period of four years from the date this judgment becomes final and conclusive.

Criminal facts

To the extent that it does not infringe the defendant's right of defense, some of the charges were revised.

On October 8, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and on June 14, 2019, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch.

On February 1, 2020, at around 02:30, the Defendant driven a FNAS car without obtaining a driver's license in the section of about 6 km from the front of the ‘C' restaurant in Chungcheong City B to the front of the ‘E' road in the same city D', and without obtaining a driver's license in the section of about 6 km to the front of the ‘E' road in the same city.

As a result, the defendant has been driving in violation of the Road Traffic Act at least twice and simultaneously driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal records, reply reports (A) and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation and community service order and order to attend a lecture, was two times, and the Defendant was under the influence of drinking without obtaining a license, despite the same previous conviction

Considering the drinking driving time, the level of drinking alcohol at the time, etc., the quality of the crime is not good.

However, the defendant shows his attitude to recognize and reflect his mistake in this court.

The defendant is more than a fine.