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 21, 2009, the Defendant was sentenced to a suspended sentence of 8 months at the Seoul Central District Court for the crimes of violation of the Road Traffic Act, etc., and on May 2, 2017, the Defendant was issued a summary order of 5 million won as a fine at the Jung-gu District Court.

On April 16, 2019, at around 22:10, the Defendant driven a DNA strawing vehicle under the influence of alcohol content of 0.187% without obtaining a driver’s license from the front road located in Changwon-si B, Changwon-si to the front road in front of the towing intersection road located in the same Gyeongnam-gu.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, and the order to provide community service order, is that the defendant has already been punished for drinking and driving without a license twice for drinking and driving without a license.

Despite the history of punishment, he/she once drives the drinking without a license, and it seems inevitable to punish the defendant.

The blood alcohol concentration is also high.

Even after the driver's license was revoked in 2017, it seems that the driver's license had been continuously driven.

On the other hand, the defendant.