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

On November 21, 2014, the Defendant was issued a summary order of KRW 2 million by a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Changwon District Court's Jinju branch on November 21, 2014, and a fine of KRW 5 million by the same court on October 15, 2010.

1. On December 19, 2019, the Defendant was driving D Poter in a state of under the influence of alcohol content of 0.043% at the section of about 10km from the distance of yellow dust in the front of C located in Busan-gun, Busan-gun on December 14:15, 2019, without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act did not subscribe to mandatory insurance for motor vehicles, and operated the foregoing cargo vehicle at the time and place of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, decisions, and application of Acts and subordinate statutes concerning summary orders;

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. Article 62 (1) of the Criminal Act (Consideration, blood alcohol concentration, etc.);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;