A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 17, 2020, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

【Criminal Facts】

Around 1:00 on July 26, 2020, the Defendant driven a vehicle E-Ud A6 vehicle from around 44 km to D, without obtaining a driver’s license, from the front side of the Daejeon Seodong-gu, Daejeon, to about 11:00 on the same day without obtaining a driver’s license. From around 21:00 on the same day, the Defendant driven the said vehicle without obtaining a driver’s license from the above D to the front side of the G convenience store located in Daejeon Dong-gu, Daejeon, to about 63 km, and around 2:50 on the same day, the Defendant driven the said vehicle while under the influence of alcohol concentration of about 0.06% without obtaining a driver’s license from the front side of the convenience store to the front side of the same H.

Summary of Evidence

1. On the judgment of the defendant's court statement, report on the situation statement of a drinking driver, report on the drinking driver's statement, notification of the results of the drinking driving control, the ledger of driver's license, photographs of an investigation report (Correction of a criminal fact), and previous records in the judgment of the 112 Report Handling Table: Application of Acts and subordinate statutes to inquiry report and report on the results of confirmation before disposition

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (generally, the point of driving without a license) concerning the facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant in determining a sentence: The Road Traffic Act shall be at least twice.