A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On August 20, 2009, the Defendant was given a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's Jinju branch on August 20, 200, and on November 6, 2014, issued a summary order of KRW 4 million for the same crime by the same court.

On August 23, 2019, at around 23:40, the Defendant driven a D wing-off truck under the influence of alcohol concentration of 0.188% without obtaining a driver’s license from the Do in front of the Cheongnam-gun, Busan Metropolitan City, to the road before Cpention.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), photographs, and the register of driver's licenses;

1. Previouss before judgments: Criminal records, inquiry reports, written judgments, and summary orders;

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. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, and choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, scrapping, the environment of the defendant, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;