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 August 23, 2016, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court due to a violation of the Road Traffic Act.

On October 7, 2019, at around 19:30, the Defendant driven a wing wing wing wing Felf vehicle without obtaining a driver’s license on a section of about 10 km from the front side of the “agricultural partnership C” in Seo-gu, Seo-gu, Gwangju to the front side of the “E” located in D.

At around 23:00 on the same day, the Defendant continued to drive the same freight vehicle as under the influence of alcohol with approximately 0.121% of alcohol level without obtaining a driver's license from the front of the “E” road in Naju-si to the front of G apartment at the same time.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Report on the detection of a suspected suspect, such as violation of the Road Traffic Act (driving and driving without a license) of the accused's statutory statement, and report on the state of driving without license;

1. The circumstantial statement of the employee;

1. Notification of the result of regulating drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The suspended sentence of Article 62(1) of the Criminal Act: (a) the Defendant’s record of the same kind of crime for the reason of sentencing; (b) the blood alcohol concentration at the time of the instant crime; (c) the background leading up to drinking and unlicensed driving; (d) the distance and place of drinking and unlicensed driving; and (c) the Defendant’s mistake is divided; and (d) the Defendant’s age, character and conduct, and circumstances before and after the instant crime, etc., and all of the sentencing conditions