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 power] On November 16, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on August 6, 2015, and a fine of seven million won for the same crime in the same court on August 6, 2018, and on November 21, 2019, the above judgment was finalized on November 29, 2019 by having been sentenced to two years of suspension of execution for the same crime from the Vice Branch of the Incheon District Court for the same crime.

【Criminal Facts】

On October 27, 2019, the Defendant was under the influence of alcohol level of 0.208% on blood alcohol level on October 13:17, 2019, and without obtaining a driver’s license, driven FK7 car at a section of approximately 3.4 km from the front of the cafeteria located in Gyeonggi-gu Seoul Metropolitan Government, Seoul Metropolitan Government, to the front of the cafeteria located in the same city E-cafeteria located in the same city.

As a result, the defendant has driven a motor vehicle without obtaining a driver's license in violation of Article 44 (1) or (2) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports (formers and verifications), pre-sales of dispositions, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

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

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act can be used for driving under the influence of alcohol, and the records are recorded, such as the fact that a person drives under the influence of alcohol during the judgment of a criminal record before the judgment, the degree of crime, the level of drinking alcohol, the distance of driving, the distance of the vehicle, and the fact that the defendant's age, occupation, character, family relationship, living environment, circumstances leading to the crime