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

[criminal power] On February 6, 2017, the Defendant was issued a summary order of KRW 1.5 million at the Busan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million at the same court on September 20, 2018 for the same crime.

【Criminal Facts】

On March 27, 2019, the Defendant had been punished for drinking driving more than twice, but on March 27, 2019, on the road located in Busan Jung-gu, Busan, and around 50 meters from the direction of about 0 meters from the 50-meter section to the Eccompon road in Busan Jung-gu, the Defendant driven a Fpoon vehicle without obtaining a driver’s license under the influence of alcohol level of 0.059%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver, investigation report, report on the circumstances of driving without a license, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) concerning criminal facts; Article 152 (1) and Article 43 of the former Road Traffic Act concerning the relevant criminal facts;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Probation and community service order Article 62-2 of the Criminal Act requires strict measures to be taken in regard to the defendant's act of driving under influence of alcohol without a license even though the defendant was punished twice due to drinking driving. However, the defendant made a confession of all crimes and his mistake in depth, not the letter of high alcohol concentration at the time of this case's crime, and taking account of the defendant's age, criminal records, etc.