A 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

【Criminal Power】 On June 21, 2017, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violating the Road Traffic Act.

【Criminal Fact-finding on June 24, 2020, the Defendant driven a F rocketing car without obtaining a driver’s license from a section of approximately 300 meters of blood alcohol concentration 0.134% from a 300-meter section, while under the influence of alcohol, from the roads in front of a mutually influent restaurant C located in the Busan Youngdo-gu, Busan to the roads in front of the same Gu.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 for discretionary mitigation of duties under Articles 53 and 55 (1) 3 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in consideration of the blood alcohol concentration, odometer, punishment records, and other Defendant’s age, character and conduct, environment and circumstances after the crime, etc. at the time of the instant crime;