A defendant shall be punished by imprisonment for a term of one year and four 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 May 29, 2017, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Ansan District Court. On August 9, 2018, the same court received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-Exclusive Driving).

【Criminal Facts】

On April 19, 2020, at around 20:20, the Defendant driven a e-learning car without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.135% from the 1.5km section from the c store front of the members of Ansan-si, Ansan-si to the front of the same D apartment house.

Summary of Evidence

1. Notification of the defendant's legal statement, the results of the control of drinking and driving, and investigation report, the register of driver's licenses;

1. Previous records: Application of inquiry letter, investigation report, and Acts and subordinate statutes, such as criminal records;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the same crime in a short period despite the past two previous convictions, and as such, the Defendant appeared to have been deprived of the same crime during the operation and was found to have been discovered, the risk of the act was very high.

However, the fact that the defendant is going to go against the wrong and not to drive under the influence of alcohol again, and other circumstances such as the age and environment of the defendant, and the motive and circumstances of the crime shall be determined as ordered by the order.