A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 9, 2016, the Defendant was issued a fine of KRW 4 million by the Ulsan District Court due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving).

On September 11, 2020, the Defendant driven a vehicle EK9 without a driver’s license, in a state of alcohol alcohol concentration of about 0.175% from the front road in Ulsan-gun, Ulsan-gun, Seoul-do, to the front road of the D apartment in Ulsan-gu, Ulsan-gu, Seoul-do, without a driver’s license.

Accordingly, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statutory statement, inquiry into the result of crackdown on driving under influence of alcohol (including details of correction), and the driver's license register of the vehicle report on the situation of the driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment of a summary order with the suspect's previous history), application of the summary order statutes;

1. Selection of imprisonment with prison labor as provided for in Articles 148-2(1) and 44(1) of the Road Traffic Act for the crime at issue, Article 152 Subparag. 1 and 43 of the Road Traffic Act for the ordinary concurrent crimes; Articles 40 and 50 of the same Act for the crime at issue;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend the lecture [the scope of the applicable sentences under the law] The sentence shall not be set 1 year to 2 years and 6 months [the sentencing guidelines]. The sentence shall be set as ordered by comprehensively considering all the sentencing conditions of the Defendant on the records and arguments of this case, including the Defendant’s age, family relation, growth process, sexual conduct, living environment, the background and result of the instant crime, the circumstances after the instant crime, etc., along with the suspended sentence for one year as well as the sentencing circumstances against the Defendant as stated below.

In unfavorable circumstances: A dangerous criminal who may cause fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished for drinking without a license.