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

On April 29, 2014, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seobu branch of the Daegu District Court on April 29, 2014, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Seo branch of the Daegu District Court on December 17, 2014 to the Seobu branch of the Daegu District Court on December 17, 2014.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, at around 17:20 on May 5, 2019, the Defendant driven a F Poter truck without obtaining a driver’s license at approximately 2 km section from the front of the cafeteria in Daegu Northern-gu, Daegu Northern-gu, to the front of the E-Road located in Daegu Northern-gu, Seoul, without obtaining a driver’s license, while under the influence of alcohol level of about 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- The history of punishment for the violation of the Road Traffic Act (driving) is three times, - the recognition and reflect of the crime, and the re-permission not to drive without a license for driving under the influence of alcohol;