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 June 24, 2019, the Defendant received a summary order of KRW 5 million from the Changwon District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 22:05 on October 31, 2019, the Defendant driven a cargo vehicle in Fribe while under the influence of alcohol level of 0.069% without obtaining a driver's license in approximately 800 meters in front of E at the front of E, located in D, Kimhae-si B, and driving a cargo vehicle in Fribe while under the influence of alcohol level of 0.069%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and application of each summary order statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that a driver's without a license may cause traffic accidents and may cause damage not only to his/her individual but also to his/her life and property, and thus, the risk of such damage is very high. Therefore, a strict punishment is required.

From the date of the crime of this case, a fine of 5 million won has been imposed, since the date of the crime of this case was avoided and six months ago, and the same criminal records have been more than four times.

However, in full view of the fact that the defendant recognized the crime of this case, the defendant's economic status, family relation, age, character and conduct, environment, motive, means and result of the crime of this case, and other factors of sentencing as shown in the trial of this case shall be determined as ordered by the court.