A defendant shall be punished by imprisonment for one year.

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 July 26, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Jeonju District Court’s Gun mountain support, and on March 3, 2016, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court’s 200,000 won, and on June 21, 2018, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.

On June 29, 2020, at around 23:50, the Defendant driven E-Poter Cargo Vehicles with approximately 8km alcohol concentration 0.148% under the influence of alcohol without obtaining a driver’s license in the section of about 8km from the front of the Ulsan-gu B market to the front of the D convenience store located in Ulsan-gu, Ulsan-gu. C.

As a result, the defendant driving the above cargo without obtaining a driver's license, and at the same time violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Legal statement, statement and circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), the register of driver's licenses, inquiry into the motor vehicle, and details of revocation of driver's licenses by the defendant;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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

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

2. Sentencing criteria: Not set; and

3. Sentence: Imprisonment with prison labor for a year, three years of suspended execution, order to attend a lecture, and order to provide community service, together with sentencing circumstances for the defendant as follows.