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

[criminal power] On May 23, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and a summary order of KRW 4 million for the same crime at the same court on September 23, 2019, respectively.

【Criminal Facts】

At around 04:30 on February 8, 2020, the Defendant, while under the influence of alcohol 0.194% under the influence of alcohol, driven D rocketing car without obtaining a driver’s license for approximately 100 meters from the front of Pyeongtaek-si to the front of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of driving without a license, and notification of the results of the regulation of drinking driving;

1. The register of driver's licenses of replys to requests for appraisal;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without Permission"), Article 152 subparagraph 1, or Article 43 of the same Act concerning facts constituting an offense. Article 40 or 50 of the same Act concerning the standing concurrent crimes (Punishment of a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving)

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act, including the instant drinking alcohol taking-off for the reason of sentencing, shall be determined as ordered by taking full account of the following factors as well as the background of the Defendant’s drinking driving, the criminal records of the Defendant, the age, character and conduct, and environment of the Defendant, and other various sentencing conditions specified in the records