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 became final and conclusive.

Punishment of the crime

On June 19, 2018, the Defendant received a summary order of a fine of three million won for the crime of violation of the Road Traffic Act from the Gwangju District Court.

On August 25, 2019, at around 03:32, the Defendant driven an Era vehicle with approximately 300 meters away from the road near the “C Hospital” located in the Nam-gu Seoul metropolitan area, to the front road in the Nam-gu, Gwangju metropolitan area, without obtaining a driver’s license, while under the influence of alcohol concentration of 0.124%, while driving the Era vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence is that the defendant has been punished once as a drunk driving even though 0.179% of the previous blood alcohol concentration: In addition, even though 0.179% of the previous blood alcohol concentration, he/she not only reduced driving without a license for drinking, but also high the blood alcohol concentration (0.124%) of alcohol concentration.

However, it is more favorable to the defendant, including the fact that there is no particular criminal record if he excludes the previous conviction due to a drunk driving, that the defendant seriously reflects the fact, that the defendant does not drive a drunk driving again while selling the vehicle, and that he does not drive a drunk driving again.

In addition, the circumstances leading up to the driving without a license, the place and distance of driving without a license, and the circumstances after the crime.