A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[criminal power] On May 24, 2010, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act was issued on January 9, 2015 at the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On September 17, 2019, at around 22:30, the Defendant driven an E-high-speed car without obtaining a driver’s license with a blood alcohol concentration of about 0.143% in the section from around 200 meters to the front of D located in C, from the Gunsan-si B apartment road to the front of D.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (a copy of the same type of summary order attached), and application of Acts and subordinate statutes of the 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 an alternative imprisonment with prison labor (with prison labor in 2010 and 2014, consideration shall not only be given to drinking or unlicensed driving, as well as to the fact that the blood alcohol concentration is 0.143% higher, although he/she was punished twice by drinking driving in 2010 and 2014);

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

1. Article 62(1) of the Criminal Act on the suspended execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(1)(Article 62(1))(Article 62(1))(Article 62(3))

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;