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 August 5, 2009, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act (driving on October 17, 2014) at the Pyeongtaek District Court’s site site, at the Seowon District Court, on August 5, 2009.

Criminal facts

On September 20, 2019, at around 21:20, the Defendant driven a FMW car without obtaining a driver's license in the section of about 1km with blood alcohol concentration of about 0.088% from the front of the road located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front of the road located in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing 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. 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 reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture are as follows: (a) considering the unfavorable circumstances, such as the fact that the defendant has already been sentenced to a fine twice due to drinking driving without a driver’s license, which are disadvantageous to the defendant, such as the fact that the drinking water of this case is not low; and (b) recognizing the defendant’s mistake and reflects it; and (c) taking into account other favorable circumstances, such as the defendant’s age, character and behavior, environment, criminal record relationship, motive for the