A 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 history] On August 29, 2019, the Defendant was issued a summary order of KRW 6 million by the Seoul Northern District Court as a crime of violating Road Traffic Act (dacting driving).

[Criminal facts]

1. On August 22, 2020, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) driving a motor vehicle at around 06:05, without obtaining a driver’s license on August 22, 2020, while under the influence of alcohol level of 0.09% during blood, and driving a motor vehicle at approximately 50 meters from the front line of “C” in Dongdaemun-gu Seoul, Dongdaemun-gu to the first road among three lanes in front of the same Gu.

Accordingly, the Defendant transferred a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at the same time more than twice.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a passenger car as set forth in paragraph 1.

No person is allowed to operate a motor vehicle on the road which has not been covered by mandatory insurance for motor vehicles, but the defendant operated a motor vehicle as stated in paragraph 1 that is not covered by mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver's driver who is placed in the primary statement, report on the detection of the offender, control records, mandatory insurance inquiry, driver's license register, tea inquiry, and enforcement video CD;

1. Previous conviction: Investigation report (verification of the history of punishment for driving alcohol), and the application of Acts and subordinate statutes as a result of inquiry;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (referred to as "driving without a license"), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (referred to as "driving without a license"), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor, for an ordinary concurrent punishment, provided for in Articles 40 and 50 of the Criminal Act (any crime of violating the Road Traffic Act and any crime of violating the Road Traffic Act (non-licenseed driving), and any punishment provided for a crime of violating the Road Traffic Act, of which punishment is more severe);

1. The aggravated Criminal Act for concurrent crimes.