A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 1, 2014, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on December 20, 2017, the same court received a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act.

On May 15, 2020, at around 01:56, the Defendant: (a) from the front side of Ulsan-gun B apartment in Ulsan-gun, Ulsan-gun, to the front side of “Seoul Chang Station” located in 40, an Eup/Myeon-ro 40, the Defendant violated the prohibition of drunk driving by driving a rocketing car with the blood alcohol content of about 1km without a driver’s license, and driving it twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of crackdown on drinking driving, the ledger of driver's license, and application of summary order 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;

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 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;

The circumstances which are disadvantageous: The facts that there are five previous convictions in the same kind, the high drinking water, and the circumstances that cause danger to traffic on the wind that requires diving on the road while driving: one's mistake is recognized and reflected, and there is no previous conviction exceeding the fine.