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

[criminal record] On February 23, 2012, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for a crime of violation of the Road Traffic Act (Driving without a license).

[Criminal Facts] On July 6, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving a vehicle Ewing-III from the front side of the C in Seopo City B to the front side of Seopo City D in Seopo City, Seopo City, under the influence of alcohol with a blood alcohol level of 0.153% without obtaining a driver’s license on July 6, 2019.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of traffic accident-related persons prepared by the F;

1. Report on the occurrence of a traffic accident by police preparation, report on a traffic accident, ledger of driver's licenses, notification on the results of the control of drunk driving, circumstantial statement of a drinking driver, and investigation report; and

1. Each image of an accident site photograph;

1. Previous records: Entry of inquiry report about police preparation, application of Acts and subordinate statutes to a statement (including attached documents, such as a summary order, etc. of the same kind of power) of investigation report prepared by the prosecution;

1. When a person drives a motor vehicle without obtaining a license among the acts as stated in the pertinent legal provisions concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. are as follows: (a) one year to two years and six months.