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 July 29, 2010, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on July 29, 201; on September 23, 2011, the same court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (e.g., refusal of measurement); and on July 18, 2018, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

At around 23:50 on July 27, 2019, the Defendant driven CNA car while under the influence of alcohol concentration of 0.191% without obtaining a driver's license in the section of approximately 30 meters in front of the B apartment road in Leecheon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 of the same Act concerning the facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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

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

1. Considering favorable circumstances, such as the timing of sentencing under Article 62-2 of the Criminal Act, and the fact that there is no penalty exceeding the driving distance and fine, etc., the fact that the instant crime was committed several times for the same crime, the fact that there was no driver’s license at the time of driving of the instant case, and the fact that the instant crime was committed even though having been punished for drinking driving around around 2018, etc., the fact that the instant crime was committed shall be considered disadvantageous.

In this regard, Article 51 of the Criminal Act, such as the defendant's age, character and behavior, and environment.