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 March 22, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeju District Court, and on July 25, 2012, the Defendant was sentenced to a suspended sentence of KRW 7 months by imprisonment for a crime of violation of the Road Traffic Act (driving). On December 7, 2018, the Defendant received a summary order of KRW 6 million by the same court as on December 7, 2018.

Although the Defendant was a person who violated Article 44(1) of the Road Traffic Act, on September 26, 2019, at around 19:33, the Defendant driven a F K5 vehicle under the influence of alcohol with a blood alcohol content of 0.039% without obtaining a driver’s license from the C golf course in Seopo-si B, Seopo-si, Seopo-si, to the Ethy in Jeju Island D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The driver's license ledger;

1. The application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

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 the crime;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was a relatively short period of time. Meanwhile, the Defendant’s punishment as ordered is determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family relation, environment, circumstances, and result of the crime; (b) the Defendant’s age, character and conduct; (c) the occurrence of an accident; and (d) the occurrence of an accident; and (c) other factors indicated in the instant pleadings