Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 On August 25, 2014, at the Busan District Court, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act, a fine of KRW 5 million for a violation of the Road Traffic Act, a fine of KRW 4 million for a violation of the Road Traffic Act on October 16, 2014, and the same court on October 6, 2015, in the same court on September 22, 2016, to a fine of KRW 6 million for a violation of the Road Traffic Act, a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) in the same court on September 22, 2016, respectively.

【Criminal Administration” around October 3, 2019, the Defendant driven the E-wing truck under the influence of alcohol of 0.198% in blood alcohol concentration without obtaining a driver’s license from the Do in front of the north-gu B apartment at the port of one hundred meters and without obtaining a driver’s license from the Do in front of the D-W apartment at the port of one hundred meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Violation of the Road Traffic Act (driving on drinking and without a license), notification of the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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. The sentencing of Article 62-2 of the Criminal Act with respect to probation, community service, and order to attend lectures is highly high in blood alcohol concentration for the reason of sentencing and the driving without a license, and the criminal records other than the criminal records as decided by the defendant.