A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Punishment of the crime

On May 13, 2015, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on April 26, 2019 for the same crime.

On July 2, 2020, the Defendant, without obtaining a driver’s license on July 2, 2020, driven a MF3 car at approximately 2 km from the Do before the store located in Michuhol-gu, Incheon, Nam-gu, Seoul, to the front road in the city of Michuhol-gu, the blood alcohol concentration of which is 0.122%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of summary order statutes;

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

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

1. Selection of imprisonment with prison labor (the circumstances, etc. that the defendant committed a crime without obtaining a license for driving under the influence of alcohol, even though he/she had twice the record of summary order in violation of the Road Traffic Act);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. To provide community service or attend lectures under Article 62-2 of the Criminal Act (the purpose of helping prevent recidivism and return to society in consideration of the same kind of records, etc.