1. The defendant shall be punished by imprisonment for a period of one year and three months;

2.Provided, That the above sentence shall be executed for two years and six months from the date this judgment becomes final and conclusive;

Punishment of the crime

[criminal power] On September 12, 2006, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a violation of the Road Traffic Act (driving). On September 8, 2010, the Defendant issued a summary order of KRW 3 million for the same crime, etc. in the Suwon District Court’s Ansan Branch, and on August 6, 2012, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the Incheon District Court.

【Criminal Facts】

1. On December 24, 2019, at around 22:45, the Defendant driven the EM5 vehicle under the influence of alcohol concentration of about 0.049% without obtaining a driver’s license from the front of the Defendant’s residence in Kimpo-si B to the front of the D elementary school located in Kimpo-si, Kimpo-si, Kimpo-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and operated without obtaining a driver's license.

2. On December 24, 2019, on the road of Kimpo-si, Kimpo-si, the Defendant: (a) controlled a drunk driving, etc. on the road in front of Kimpo-si; (b) requested the head of the F Department G of the Kimpo-si Police Station to present an identification card; (c) the Defendant, who was in possession of the wall A, presented the Defendant’s car driver’s license as if he was the Defendant’s driver’s license; and (d) rejected the official document

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, investigation reports ( drivers' licenses and family relation certificates, etc.), the ledger of driver's licenses (A), inquiry into the results of the crackdown on drinking driving, and circumstantial statements of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 230 of the Criminal Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor chosen;