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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.
Reasons
Punishment of the crime
[criminal power] On August 14, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act (driving). On June 14, 2019, the Defendant filed an application for a summary order of KRW 4 million with the same court as the same crime.
【Criminal Facts】
On July 24, 2019, at around 01:52, the Defendant driven a Fysta car without a driver’s license, under the influence of alcohol concentration of approximately 0.226% from the section of approximately 1km from the front of the road located in Ulsan-gu B to the front of the road located in the same Jung-gu D.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes, such as an inquiry report on the register of driver's licenses (pre-post) criminal records, etc., an inquiry report on the previous disposition and a report on the results of confirmation, and a summary order of Ulsan District Court No. 2009 High School and No.
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 and Article 59 of the Act on Probation, etc. have been punished twice as the same crime, but the accused has been led to the confession of the crime of this case, the mistake has been divided, and there has been no record of punishment exceeding the fine, the minor children are raising, the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc. shall be determined as ordered by the order, taking into account various factors of sentencing, such as the age, environment, blood alcohol concentration and driving distance.