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

On June 3, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch, and on March 5, 2020, the Defendant was issued a summary order of KRW 12 million for the same crime at the Jung-gu District Court's District Court.

On February 19, 2020, without obtaining a driver's license at around 02:40 on February 19, 2020, the Defendant driven CPD125A-wheeled vehicles at a section of about 4 km from the 0.08% alcohol concentration in South-si, Gyeonggi-do to the front of the same city.

Accordingly, the defendant violated the prohibition on drinking without obtaining a driver's license at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, report on the situation of driving without a license, and report on the status of driving without a license, and report on the accident site photograph of 112 case report department; and

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, investigation reports (examination of the same kind of power), judgment, etc. and application of Acts and subordinate statutes;

1. Article 148-2(1), Article 44(1) of the Road Traffic Act (the point of a sound driving), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act concerning criminal facts, the Defendant driven a two-wheeled vehicle without a driver’s license, and the two-wheeled vehicle of the Defendant’s driving is a two-wheeled vehicle with engine displacement not exceeding 125cc.

(Evidence of Evidence) Therefore, Article 152 subparag. 1 and Article 43 of the Road Traffic Act, stated in the applicable provisions of the indictment, is obvious that the term “Article 152 subparag. 2 and Article 43 of the Road Traffic Act” is a clerical error in the indictment, and even if corrected as above, there is no risk of causing substantial disadvantage to the defendant’s exercise of his/her right to defense. Thus

(Power of Unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under the Criminal Act;