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

On October 21, 2019, the Defendant received a summary order of KRW 8 million from the Changwon District Court due to a violation of the Road Traffic Act (driving).

1. On July 9, 2020, the Defendant was under the influence of alcohol by 0.093% in blood alcohol level without obtaining a driving license at around 01:57 on July 9, 2020, the Defendant was driving a D-A-hurd-hurd-hurd-hurd-hurg-hurg-hurg-hurg-hurg-hurged-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hur

As a result, the Defendant driven a motor vehicle without a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance. However, the Defendant driven the motor vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, driver's license ledger, and mandatory insurance;

1. Previous records: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. (the blood alcohol concentration level, driving and enforcement background, and previous convictions) are major factors for sentencing.