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 February 17, 2015, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Ulsan District Court on February 17, 2015, and was sentenced to imprisonment for eight months and two years of suspended execution with the same court on October 30, 2015.

At around 02:50 on August 9, 2019, the Defendant driven a F rocketing car under the influence of alcohol concentration of about 0.157% without obtaining a driver's license in the 1km section from the front of the Cwest Points in Yangsan-si B to the Empt in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Automobile license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that community service and lecture attendance order had been punished for driving without a license for drinking alcohol; (b) on the other hand, there are circumstances to take into account, such as the fact that it would not repeat again after the crime; (c) the fact that a proxy driving engineer is bringing up a minor while separateing from his wife; and (d) other conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, character, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined by taking into account the following factors: (a) the execution thereof shall be postponed; and (b) community service and lecture attendance order