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 28, 2011, the Defendant issued a summary order of a fine of one million won at the Chuncheon District Court for a violation of the Road Traffic Act, and a summary order of a fine of one million won at the same court on July 27, 2018.

On January 3, 2020, the Defendant, without obtaining a driver’s license of a motor vehicle on January 21, 2020, driven a motor vehicle with DNA width rangeing over approximately 500 meters from the convenience store in Chuncheon City B to the road near the gas station in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, etc., inquiry about the results of crackdown on driving under the influence of alcohol and report on the circumstantial statement of the driver;

1. The driver's license ledger;

1. Previous records: Inquiries, records of case progress, application of Acts and subordinate statutes to outputs of the written judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished twice due to drinking driving, and the driving without the driver's license of a motor vehicle is not good.

However, the fact that the defendant's mistake is divided and again is expected not to drive a drinking free license, that the blood alcohol concentration of the defendant was relatively lower than 0.042%, that there was no traffic accident caused by the crime of this case, and that there was no history of criminal punishment exceeding the fine by the defendant.