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 November 26, 2014, the Defendant received a summary order of KRW 4 million from the Ulsan District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act, and the summary order of KRW 5 million from the same court on July 22, 2015 for the same crime.

On November 8, 2019, at around 20:50, the Defendant driven C Poter under the influence of alcohol with approximately 2 km alcohol level 0.136%, without obtaining a driver’s license, from a section of about 2 km from the street in the vicinity of the oil reservoir in Ulsan-gun, Ulsan-gun, Incheon-do.

In this respect, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the defendant’s age, character and conduct, environment and circumstances after the crime, etc.;

D. Unfavorable circumstances: Although there was a history of being punished three times due to drinking driving (including a non-licensed driving, whichever is twice the two times), the driving without a license is carried out while driving under the influence of alcohol, and the driving under the influence of alcohol resulted in a large risk on the road traffic on the wind that needs to be temporarily parked on the road at the same time while driving under the influence of alcohol, and the situation of collision with the vehicle that passed on the road also occurs: one's mistake.