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

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

Punishment of the crime

On May 24, 2018, the Defendant received a summary order of a fine of KRW 4 million from the Changwon District Court due to a violation of the Road Traffic Act.

On August 13, 2020, the Defendant driven a motor vehicle E in the direction of approximately five kilometers from the roads near Changwon-si B market to the roads in Kimhae-si Kimhae-si, with a blood alcohol concentration of 0.106% without obtaining a driver's license on August 13, 2020.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant’s legal statement, his/her oral statement, investigation report, driver’s license register, notification of the results of the crackdown on drunk driving, and previous records indicated in his/her judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant, for the reason of sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures, has already committed the instant crime even though he had the criminal records of drunk driving, and the blood alcohol concentration level was considerably high at the time of the instant crime. In addition, the Defendant had the criminal records of driving without a license two times, and the instant crime has been committed without a license, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, circumstances after the instant crime, etc.