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

On April 7, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on October 14, 2013, in the same court, the Defendant received a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act.

On September 2, 2020, at around 15:55, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of 0.109% without obtaining a driver’s license from the bus stops located in the Dondong-ri to the front road of the bus stops located in the same Dondong-ri, the Defendant driven B 2 truck under the influence of alcohol content of 0.109%.

As a result, the Defendant was driving a motor vehicle while under the influence of alcohol not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of survey;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes of summary order;

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. 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. The reason for sentencing of Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution is that the Defendant had the same criminal record (two times of drinking driving and one time of driving without obtaining a license), and the Defendant’s blood alcohol concentration was also reasonable at the time.

The fact that the defendant seems to have judged his mistake and reflect his mistake is considered in light of the circumstances favorable to the defendant.

In addition, all the sentencing factors shown in the pleadings of this case, such as the age, character and conduct, criminal records, environment, circumstances after the crime, etc., shall be determined as per the order.