Defendant shall be punished by imprisonment for a term of one year and two 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 September 28, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on September 28, 2012, and a summary order of KRW 4 million as a fine for the same crime in the same court on January 26, 2018.

【Criminal Facts of Crimes】 On May 16, 2019, at around 03:13, the Defendant driven CM5 car without obtaining a driver’s license with blood alcohol concentration of about 3km from the area of about 0.104% under the influence of alcohol concentration of about 0.104% in the front distance of the Goyang-gu, Yongsan-gu, Goyang-si, Goyang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Detection site photographs;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16307, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to a fine twice due to drunk driving, and the driver’s license was revoked, and the Defendant was driving without a drinking license.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple driving without a license without any particular human or material damage.

In addition, the above circumstances and the background leading up to driving without a license, driving distance, blood alcohol concentration at the time, and the crime of drinking without a license.