A defendant shall be punished by imprisonment for two years.

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

On April 21, 2006, the Defendant issued a summary order of KRW 1 million for the violation of the Road Traffic Act at the Incheon District Court on April 21, 2006, a summary order of KRW 3 million for the same crime in the same court on May 7, 2007, and a summary order of KRW 3 million for the same crime in the same court on June 27, 2019, respectively.

On August 9, 2019, at around 04:53, the Defendant, without a car driver’s license, driven a Dhand car while under the influence of alcohol with about 0.182% of alcohol concentration at the section of about 10 meters from the front of Jung-gu Incheon Metropolitan City to the front of the same Gu C.

Accordingly, the defendant, even though he had a record of punishment more than once due to drinking driving, has carried out a driving without a license at the same time.

On March 28, 2020, the Defendant, around 14:35, 2020, driven a motor vehicle with a string in the 2km section from the front of the Dowon Station located in 245 to the front road of the Michuhol-gu Incheon Metropolitan City, Michuhol-gu, Incheon, without obtaining a driving license.

Summary of Evidence

"2019 Highest 6355"

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the notification of the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Criminal history records, etc. inquiry reports, investigation reports (former records, binding of court rulings, etc.) and summary orders attached thereto "20 Gool3397";

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in driving under drinking and driving without obtaining a license, even though there are many records of punishment.