Defendant shall be punished by imprisonment for a term of one year and two 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 May 19, 2017, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch as a result of the violation of the Road Traffic Act.

On March 9, 2020, at around 23:45, the Defendant driven an E- cr-car under the influence of alcohol concentration of 0.179% without obtaining a driver’s license from the front side of C in Changwon-si Mhap Port B to the same D D D Construction Road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and driving the vehicle without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, vehicle driving license register, and investigation report (calculated with blood alcohol concentration);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification, etc. of suspect's records of drinking driving);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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. The prosecutor’s opinion on the reason of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of two years and two months, and the defendant with suspended execution for a period of three years and two years, respectively, was punished for a drunk driving, and the driver’s license was revoked, thereby resulting in the instant crime.

The blood alcohol concentration is very high, and it also caused traffic accidents.

However, the defendant recognizes and reflects the facts of crime.

On the same day, it seems that there was an attempt to neglect the proxy driving.

There is no record of punishment except the criminal records in the judgment.

In the above accident, there was no loss of human life.

In addition, the sentencing conditions such as the age, character and conduct, environment, circumstances, and circumstances after the crime are considered.