A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 22, 2010, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) with the Ulsan District Court on March 22, 2010, and on October 29, 2014, the same court issued a summary order of KRW 5 million for the same crime and violated the duty of prohibiting driving in drinking condition at least twice.

On July 20, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle with alcohol level of about 0.246% from around 10 meters to around 14:30, in the state of alcohol alcohol level of about 0.246%, from the front day of the drinking house with no knowledge of the trade name in Yangsan-si, Yangsan-si without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a photo at the scene of an accident ( CHAPTER IX), a driver's license register, a statement report on the circumstances of a driver at driving, an investigation report (report on the circumstances of a driver at driving), and a report on the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances described in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal punishment history exceeding the suspended sentence of imprisonment for the accused.

The defendant too late reflects on the crime of this case.

The distance of operation is short.

◎ 피고인에게 불리한 정상은 다음과 같다.

Since 2006, three times in total for the defendant.