Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Punishment of the crime

On August 22, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Msan Branch branch on August 2, 201, and on June 11, 2019, issued a summary order of KRW 4 million for the same crime by the same court.

On September 16, 2020, at around 01:23, the Defendant driven a motor vehicle at approximately 800 meters away from the front road located in Changwon-si, Masan-si B to the front road located in D, without obtaining a driver's license, while under the influence of 0.159% alcohol concentration during blood.

Accordingly, the Defendant violated Article 44 (1) of the Road Traffic Act at least twice, and operated the said car without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification, etc. of the same records as the suspect), and application of the summary order under statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommended sentences according to the sentencing criteria: Non-establishment of the sentencing criteria;

3. Opinions of prosecutors: Imprisonment with prison labor for not less than two years and six months;

4. The Defendant was punished by a fine of three times (202, 201, 2019, 201) due to driving under drinking.