A defendant shall be punished by imprisonment for one year.

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 October 2, 2015, the Defendant received a summary order of KRW 1 million from the Ulsan District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 19:45 on October 14, 2019, the Defendant driven an E-to-be under the influence of alcohol concentration of about 0.182%, without a driver’s license, at a section of about 15 meters from the front of a cafeteria near Ulsan-gun B, Ulsan-gun to the front of D in C.

As a result, the defendant has driven a motor vehicle, etc. at least twice while under the influence of alcohol, and has driven without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of statutes of one copy of a summary order, such as the ledger of driver's license (previous records) criminal records, etc.;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [The statutory penalty under Article 148-2 (1) of the Road Traffic Act: imprisonment with prison labor for not less than two years but not more than five years, or fine of not less than 10 million won and not more than 20 million won] has no record of obtaining a license for a motorcycle; although there has been one-time punishment of a fine for the same kind of crime, the act of this case has been led to confession of the crime, mistake has been divided, and there has been no record of being punished for other crimes, and there has been no record of being punished for other crimes, taking account of various factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime.