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 August 25, 2014, the Defendant issued, at the Gwangju District Court, a summary order of fine of three million won for a crime of violation of the Road Traffic Act, and on February 26, 2016, the above court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act.

On July 31, 2019, at around 02:45, the Defendant driven a CMW X5 car under the influence of alcohol concentration of 0.172% without obtaining a driver's license, from the front side of the Seopo-gu Incheon Metropolitan City, Seopo-gu to the front side of the Michuhol-gu Incheon Metropolitan City Blet.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, records of the control of drunk driving, and copies of summary order;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Crimes of which the sentencing criteria are not set for each judgment of the scope of recommended sentences according to the sentencing criteria;

3. The crime of this case, which was sentenced to a fine for two-time driving, is considered to have driven a vehicle without obtaining a driver's license even when the defendant was sentenced to a fine, and the circumstances unfavorable to the defendant, such as the fact that the vehicle was driven without obtaining a driver's license under the influence of alcohol concentration of 0.172%, are grave, are recognized.

However, the defendant led to the crime of this case.