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 September 21, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Ulsan District Court.

On January 21, 2020, at around 20:32, the Defendant driven a F-learning car without obtaining a driver's license in the state of alcohol alcohol concentration of about 100 meters from the front of the C cafeteria located in Ulsan Northern-gu B to the front of the E-Maart located in Ulsan-gu D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drive a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Application of Acts and subordinate statutes to the investigation report (same-class 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;

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;

1. The punishment as ordered shall be determined by taking into consideration the circumstances indicated in the records, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, drinking water and driving distance, the age, character and conduct, the environment of the accused, and the circumstances after the crime;

D. Unfavorable circumstances: The defendant had been punished for driving under influence in 2016 and driving without a license in 2018, but the circumstances favorable for driving without a license of drinking or without a license: The defendant recognized his or her mistake and reflects himself or herself, and there is no criminal record exceeding the fine.