Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 30, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and on March 6, 2015, the same court issued a summary order of KRW 4 million as a fine for the same crime.

1. Around 11:00 on September 30, 202, the Defendant driven a ewing-III truck with a blood alcohol content of about 0.192% under the influence of alcohol without obtaining a driver’s license from the section of about 700 meters in the front of D in front of the Gangseo-gun, Gangwon-gun, Seoul, up to the road in front of the same military.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without obtaining a driver's license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the Ewing and Class III cargo, operated the said cargo vehicle which was not covered by the automobile insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, on-site photographs, a statement of the occurrence of a traffic accident, the circumstantial statement of a drinking driver, enforcement manual, the driver’s license register, and the mandatory insurance association;

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 orders to attend lectures and orders to provide community service;

1. The range of applicable sentences: Imprisonment for one year or more.