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 December 12, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on December 12, 2007, and was sentenced to a fine of two million won for the same crime at the Ulsan District Court on June 20, 2018.

On October 5, 2019, at around 00:30, the Defendant driven a e-mail vehicle under the influence of alcohol level of 0.032% without obtaining a driver's license from the front road in Yangsan City B to the front road of D apartment at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Making inquiries, such as the ledger of driver's licenses (before and after the market), criminal records, and the application of Acts and subordinate statutes on investigation reports;

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;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [The statutory penalty under Article 148-2 (1) of the Road Traffic Act: The defendant has been sentenced to four times of imprisonment for not less than two years but not more than five years, or a fine of not less than 10 million won and not more than 20 million won] for the same crime; however, the defendant has led to confession of the crime of this case; the defendant has been punished in excess of the fine; there has been no history of punishment exceeding the fine; the defendant raises a minor child; the defendant is raising a minor; other sentencing factors such as the defendant's age, environment, blood alcohol concentration and driving distance; and the circumstances after the crime shall be determined as ordered by the order.