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 October 2, 2014, the Defendant received a summary order of KRW 6 million from the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 24, 2020, at around 01:35, the Defendant, under the influence of Yeongdeungpo-gu Seoul Metropolitan Government building B, opened a door-to-door truck, the victim C, who was under the influence of alcohol, without permission, at around 2.5 km and driven the above cargo vehicle under the influence of alcohol level of about 0.137%, without permission, from around 2.5 km to the front road of the National Assembly of Yeongdeungpo-gu, the National Assembly located in Yeongdeungpo-gu, Seoul, at around 02:07 on the same day.

As a result, the defendant driving a motor vehicle without obtaining a driver's license at the same time, and violated the regulations on prohibition of drinking at least twice, and used a motor vehicle temporarily without the consent of the right holder.

Summary of Evidence

1. The defendant's legal statement stolen vehicles photographs and investigation reports (Attachment to the 112 Reporting Report List);

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drunk driving, the violation of the Road Traffic Act (driving under the influence of alcohol and without a license) and the report on the state of non-licenseed driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 331-2 of the Criminal Act concerning criminal facts;

1. Selection of a sentence of imprisonment with prison labor among the crimes of violation of Articles 40 and 50 of the Criminal Act ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without obtaining a license)

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;

1. Order to attend lectures under the Criminal Act;