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 of the final judgment.

Punishment of the crime

On September 20, 2018, the Defendant was issued a summary order of KRW 4 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On August 25, 2019, the Defendant, who was punished for drunk driving, was driving a Fol-do car, which is owned by the Defendant without obtaining a driving license, from the front side of the road located in Busan Dong-gu B to the front side of the E Welfare Center located in Busan Dong-gu, to approximately 480 meters of alcohol level from the section of about 480 meters of alcohol level to the road of the E Welfare Center located in Busan Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Visual traffic control report, the register of driver's licenses, and images-fagic photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) and (1) of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial 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 (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;