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 September 1, 2017, the Defendant received a summary order of KRW 1,500,00 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On January 3, 2020, at around 22:45, the Defendant driven a motor vehicle at a level of about 20 meters from the front of the “C” main point in Ulsanbuk-gu B to the front of the “E” in the same Gu, without a driver’s license, while under the influence of alcohol level of about 0.041% without a driver’s license.

Accordingly, the Defendant, while drunk, driven a motor vehicle at least twice, and driven a motor vehicle 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 the drinking-driving driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of one copy of the criminal record, inquiry report, investigation report (Attachment to a summary order of the same kind of power), and summary order;

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. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant has led to the crime of this case and is repented; the defendant has a driving record twice a fine; the defendant has a driving record without a license; the defendant does not cause any additional damage, such as traffic accidents, due to drinking or non-licenseless driving; and the defendant has not incurred any additional damage due to his/her blood alcohol concentration level, drinking or non-licenseless driving distance, age, character and behavior, environment, motive, means and consequence of the crime, etc. after considering all the circumstances shown in the records, such as the circumstances after the crime, etc.