Defendant shall be punished by imprisonment for a term of one year and two 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 October 11, 2013, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Southern District Court in the Southern District Court, and on January 10, 2014, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 13, 2019, at around 20:52, the Defendant driven C cargo vehicle under the influence of alcohol level of 0.038% without a driver’s license, at a section of about 1km from the front of the BY-gun of the Jeonbuk-gun to the front of the 22-1 East East East East-do, the repair Haak-gun of the Jeonbuk-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes governing the confirmation of the same kind of power;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

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 a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for a year and two months, suspension of execution for a period of two years and the following circumstances shall be taken into consideration, taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other factors of sentencing as shown in the arguments of this case, including the circumstances after the crime.

【Unfavorable circumstances】