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 August 1, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Ulsan District Court.

1. On May 6, 2020, at around 22:32, the Defendant: (a) drive an EK-five vehicle under the influence of alcohol concentration of 0.105% without a driver’s license from around 700 meters away from the street in front of Ulsan-gun D market in Ulsan-gun, Ulsan-gun to the street in front of the said C, thereby violating Article 44(1) of the Road Traffic Act on at least two occasions; and (b) drive a vehicle without a driver’s license.

2. On May 7, 2020, the Defendant, at around 00:25, driven a vehicle without a vehicle driver’s license, at approximately 900 meters away from the front road in Ulsan-gun B, Ulsan-gun, to the front side of the G police box located in F of Ulsan-gun, and at least 0.169% of blood alcohol content without a vehicle driver’s license, while driving a vehicle at least twice, in violation of Article 44(1) of the Road Traffic Act, while driving a vehicle without a vehicle 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 each drinking driver, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of one summary order;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined by taking into consideration all the circumstances revealed in the records, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime;

Unfavorable circumstances: (a) one time before the same kind of crime, and immediately after the control of drinking or non-licenseing.