A defendant shall be punished by imprisonment for one year.

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

On February 13, 2020, the defendant was issued a summary order of KRW 5 million by the District Court of Jung-gu on February 13, 2020 due to the violation of the Road Traffic Act.

Around 23:00 on May 22, 2020, the Defendant, without obtaining a driver’s license, driven B Poter-II in the section of about 10km from the 23:45 on the roads near the Mandong-Eup in Chungcheongnam-si, Namyang-si, Namyang-si, with the blood alcohol content of 0.072%.

Accordingly, the Defendant, without obtaining a driver's license, driven at least twice while under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement, the report on the status of his driving, the report on the status of his driver, the report on his oral statement, and the investigation report (the report on the status of his driver);

1. Previous records on the current status of driving without a license and on the judgment of the ledger of driver's licenses: Application of Acts and subordinate statutes such as criminal records, etc. and investigation reports (report on the confirmation of the same type of power);

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. In addition, even though the defendant was punished for the crime of violation of the Road Traffic Act on around 202, around 2004, around 202, and around 2020, the defendant committed the crime of this case.

In particular, the crime of this case is highly likely to be criticized in that the distance with the last punishment force is not less than three months.

However, the addition that the defendant would not repeat the vehicle after disposing of the vehicle is considered to be favorable to the defendant.

The age, character and conduct of the accused;