A defendant shall be punished by imprisonment for six months.

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

[criminal power] On November 27, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court; on January 9, 2015, the Incheon District Court issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act; on November 22, 2017, the Defendant was sentenced to a fine of KRW 6 million for a crime of violation of the Road Traffic Act at the Incheon District Court.

【Criminal Facts】

1. The Defendant, on May 25, 2019, driven a B 1 ton cargo vehicle at a section of about 50km from May 25, 2019 to the road near the Seo-gu Incheon Seo Park Park Park, Seo-gu, Incheon, Seo-gu, Incheon, without obtaining a driving license between around 19:00 to 20:20 on the same day.

2. On May 26, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.062% without obtaining a driver’s license on May 26, 2019. On May 26, 2019, the Defendant driven a 1 ton vehicle B with a blood alcohol content of 0.062% at the same level from the west-si system around the west-si system to the intersection-ri streets road located in the same area.

Therefore, although the defendant had been punished for the violation of the Road Traffic Act, he was driving a vehicle while under influence without obtaining a driver's license again.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of vehicle operation;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (Attachment of judgments, etc. related to the same kind of suspect's power), management inquiry reports, and management inquiry reports to the Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license)

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

1. Selection of each sentence of imprisonment;