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 June 13, 2017, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 6, 2017, and such summary order became final and conclusive on July 6, 2017. On September 19, 2019, the same court issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (unlicensed Driving) and on October 5, 2019.

On October 16, 2019, at around 22:50, the Defendant driven a car with approximately KRW 20 meters fG900, from around the C cafeteria located in Scheon-si B to the front of the Egrade located in D, while under the influence of alcohol by 0.236% of alcohol level without a driver’s license.

As a result, the Defendant driven a motor vehicle without a driver's license in violation of the regulations on prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Blood collection reports, reports on the status of drinking drivers, investigation reports, inquiry into the results of the crackdown on drinking driving, and inquiry requests for appraisal;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), each disposition pre-disposition report, confirmation report, and each 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. As the Defendant was sentenced to the punishment for a violation of the Road Traffic Act (driving) around 2017 and the punishment for a violation of the Road Traffic Act (driving without a license) around 2019, the previous penal records and the distance between each of the instant crimes, and the instant punishment records.