Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

[criminal power] On October 31, 2006, the Defendant issued a summary order of KRW 2.5 million at the Incheon District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 8 million for a crime of violation of the Road Traffic Act (driving) in the same court on July 21, 2014, and a summary order of KRW 8 million in the same court on January 28, 2019, respectively.

【Criminal Facts】

On November 30, 2019, at around 22:47, the Defendant driven a vehicle B under the influence of alcohol level of 0.223% without obtaining a driver's license from approximately 16 km section from the front side of the filial reference road in Gyeyang-gu Incheon Metropolitan City to the front side of the immigration office located in 393 in Jung-gu, Jung-gu.

As a result, the Defendant violated the regulations on prohibition of drunk driving more than twice and operated without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 (including the fact that the suspended sentence is recognized and reflected, and the fact that there is no previous offense exceeding the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;