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

[2018 Highest 3001] The Defendant received a fine of KRW 2 million from the Gwangju District Court on February 25, 2008 due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the Incheon District Court on June 15, 2018 due to a violation of the Road Traffic Act (driving).

On October 2, 2018, the Defendant, without obtaining a driver’s license on October 2, 2018, driven a motor vehicle in the E Spo-type under the influence of alcohol of about 0.161% of blood alcohol concentration at approximately 400 meters from the Do in front of the Dan-gu, Busan Metropolitan City to the Do in the front of the Dancheon-si D.

As a result, the defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver's license and driving a motor vehicle again under the influence of alcohol.

[2018 Highest 3221] On October 22, 2018, the Defendant driven a motor vehicle near Yeongdeungpo-gu Seoul Metropolitan Government FF to the front road of Yeongdeungpo-gu Seoul Metropolitan Government without obtaining a vehicle driving license from approximately 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of driver's state, and the report on the state of driver's state without license;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service provided that the defendant had been punished for the same crime, again repeated the crime of drinking and driving without license of this case, and the blood alcohol concentration of this case.