A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 12, 2020, the Defendant filed a request for a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving alcohol) with the Young-gu District Court Young-gun District Court (the above summary order was issued on November 20, 2020, and it became final and conclusive on December 3, 2020). On November 18, 2020, the Defendant driven a feling car from approximately 250 meters from the Dagjin-gun, U.S. Party B under the influence of alcohol level of KRW 0.155% during blood alcohol level without obtaining a driver’s license around November 23 and 15, 2020.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The criminal defendant's oral statement, each investigation report, and each internal investigation report;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of the driver driving on the vehicle, report on the results of regulating the driving of drinking, register of driver's licenses, and making an inquiry into the vehicle;

1. Each photograph, video CD;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (the confirmation of previous history);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, including the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime. The execution of the sentence shall be suspended on the condition that protection observation, community service order, and lecture order are faithfully observed.