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 became final and conclusive.

Punishment of the crime

On November 28, 2019, the Defendant received a summary order of KRW 7 million as a crime of violation of the Road Traffic Act (driving) in the Family Court of Daegu District on November 28, 2019.

On August 8, 2020, at around 04:30, the Defendant driven Csch-ton car under the influence of alcohol level of about 2 km without obtaining a driver's license from the section of approximately 2 km from the front side of the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the front side of the Gyeongnam-gun, to the front side of the west-gun, the Defendant.

Therefore, although the defendant was punished for a drunk driving, he was driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), investigation report (with regard to the on-site driving conditions and the measurement of drinking), field photographs, inquiry into the results of the drinking control, and the register of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. The reflection of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act, the distance of driving without permission for drinking, the degree of driving without permission, and the records of driving under influence of alcohol, etc. shall be particularly taken into account;