A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On July 1, 2019, the Defendant was issued a summary order of a fine of five million won by the Seoul Northern District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. On October 8, 2019, the Defendant: (a) around 17:45, around October 8, 2019, driven a FM3 vehicle while under the influence of alcohol content 0.184% while under the influence of alcohol, without obtaining a driver’s license from the front of C in Jung-gu Incheon, Jung-gu, Incheon to the front of E in the same city-dong zone D.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

2. On December 2, 2019, the Defendant once once again driven a F SM3 car under the influence of alcohol content of 0.074% under the influence of alcohol, without obtaining a driving license from the front of H in Jung-gu Incheon Metropolitan City, Jung-gu to the front of the Incheon Port Security Road located in 3777, as prescribed by the same Gu, from around 23:06, December 2, 2019.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of driving, report on the status of driving without a license, and the register of driver’s licenses for automobiles; and

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Articles 148-2 (1), 44 (1) and 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act for a crime. Article 40 and 50 of the same Act for the ordinary concurrent crimes. (Punishment for a crime of violation of each Road Traffic Act due to a drunk driving or a unauthorized driving referred to in paragraph (1) of this Article, and punishment for a crime of violation of the Road Traffic Act due to a heavier alcohol driving);

1. The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act from among concurrent offenders who are concurrent offenders with alternative imprisonment with prison labor (aggravating concurrent crimes with the punishment prescribed for the crime of violating the Road Traffic Act due to a drunk driving under paragraph (1) of the same Article which has heavier

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;