A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 July 19, 2006, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court. On June 27, 2016, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 24, 2020, at around 22:00, the Defendant driven a Dpoter II truck without a driver’s license, while under the influence of alcohol concentration of approximately 0.144% from the 200 meters away from the Dai-gu Seoul Metropolitan Area B parking lot to the front road of Sungnam-gu, Seoul Metropolitan City.

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

Summary of Evidence

1. The defendant's legal statement, the report on his oral statement, and the register of driver's licenses for notification as a result of the drinking control;

1. Previous records of judgment: Criminal records, etc. and criminal investigation reports (verification of suspect's records of drinking driving and driving without a license) shall apply to 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. According to the reasons for sentencing under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account: (a) the following conditions of sentencing, including the age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (b) the circumstances after the crime, and all the conditions of sentencing as shown in the arguments and records.

Unfavorable circumstances: The defendant has a number of same kinds of records, such as the previous drinking driving force of this case four times and the previous driving force of non-licensed driving force of this case, and among them, there is a record of punishment as a suspended sentence of imprisonment.

(e).