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

[Criminal Power] On November 8, 2012, the Defendant was issued a summary order of KRW 7 million by the Ulsan District Court for the crime of violating the Road Traffic Act.

【Criminal Facts】

On October 9, 2019, at around 23:57, the Defendant driven C truck with a blood alcohol concentration of 0.122% while under the influence of alcohol without obtaining a driver’s license at a approximately 2 km section in the vicinity of Ulsan-gu New Stackadong, Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, and then drive C truck with a blood alcohol concentration of 0.122%.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the driver's license ledger;

1. Criminal records, inquiry reports, and application of summary order-related 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier statutory penalty shall be imposed);

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 and lecture attendance order under Article 62-2 of the Criminal Act has the record of being sentenced three times to a fine due to drinking alcohol driving for the reason of sentencing, the high drinking alcohol level, the last previous conviction is 2013, the punishment of imprisonment for the same kind of crime is the first one, the support for minor children after divorce is not good, the health condition is not good, the detention is being divided into crimes while living in the case of this case, the reasons why drinking and non-licensed driving are conducted, and the occupation, age, etc. of the defendant are considered;