A defendant shall be punished by imprisonment for a term of one year and four 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

[criminal power] On January 22, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court’s Branch, on August 20, 2010, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on August 20, 201, and on October 13, 2016, a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving without a license) from the Changwon District Court’s branch on October 13, 2016, respectively.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol, on June 27, 2019, at around 00:00, the Defendant driven a DNA 2 truck without obtaining a driver’s license, from a section of approximately 600 meters of alcohol alcohol level from the front line of the C Hospital to the front line of the C Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes to investigation reports (a copy of the summary order of the same criminal records);

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Imprisonment with prison labor for one year and four months, suspension of execution of two years (40 hours of social service, 40 hours of attending the compliance driving course), blood alcohol density of the accused, the previous records of the accused (4 times of a fine for sound driving, and a fine for unlicensed driving), the background and distance of driving, and other personal character and behavior of the accused;