A defendant shall be punished by imprisonment for one year.

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 December 12, 2018, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch as a result of the violation of the Road Traffic Act.

On November 10, 2019, at around 04:00, the Defendant driven Done Starex, under the influence of alcohol concentration of about 0.071% without obtaining a driving license, from around 500 meters from the 500-meter section of the unit B in Ansan-si to the front distance of the previous C apartment.

In this respect, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and operated at the same time as a license without permission.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal history records, investigation reports (former records and confirmation) and Acts and subordinate statutes;

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

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.