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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 9, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on December 9, 2009, and was sentenced to a summary order of 2 million won for the same crime in the same court on August 25, 2014, and a summary order of 7 million won for the same crime in the same court on June 2, 2017, respectively.

【Criminal Facts】

On December 13, 2019, at around 01:52, the Defendant, without a driver’s license, driven CMF6 car at approximately 1.2 km from Busan Jin-gu to the front road of the exit area located in the same Gu from Busan Jin-dong to 0.104% of alcohol level without a driver’s license.

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 more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;