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 September 23, 2013, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on June 29, 2016, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On January 22, 2020, at around 20:45, the Defendant driven D Poter Cargo Vehicles with approximately 150 meters alcohol level 0.129% under the influence of alcohol level, without obtaining a driver's license, from the roads near Ulsan-gun, Ulsan-gun, Ulsan-si, to the front roads of Ulsan-si, Ulsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. Notification of the result of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. The register of driver's licenses and car cars registration statement;

1. Previous records of judgment: Criminal history records, etc. and application of three-minutes of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Road Traffic Act (Punishment provided for in the provisions of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The Defendant committed the instant crime of drinking and driving without a license, even though he had been punished twice a drunk driving and twice a licenseless driving prior to the reason of sentencing under Article 62-2 of the Criminal Act, even though he had been punished by a fine, the Defendant’s blood alcohol concentration level at the time is high, and thus, the Defendant’s liability is not easy.