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 November 13, 2018, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act. On June 20, 2019, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court.

On April 22, 2020, at around 22:40, the Defendant driven D food cars under the influence of alcohol concentration of 0.134% without obtaining a driver's license from the front of B apartment in Yangsan-si to the front road in the 5km-si, Yangsan-si, Yangsan-si.

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 driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification reports on the same type of force);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act: The defendant has led to the crime of this case and has been repented; the defendant has been under the influence of driving under influence of alcohol twice since 2018; the defendant has been under the influence of driving under influence of alcohol twice since 2018; and the defendant has been under the influence of driving under license two times; and the defendant has been under the influence of driving under the influence of alcohol; and the defendant has been under the influence of blood alcohol concentration and driving under influence of alcohol at the time, age, character and conduct, motive, means and consequence of the crime;