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

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 24, 2017, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking) in the Changwon District Court’s smuggling support on November 24, 2017.

On October 16, 2020, at around 01:37, the Defendant, from the front of a restaurant where it is impossible to know the trade name in the Kumsan-si, Changwon-si, Masan-si, the Defendant driven a D-do-pured vehicle with approximately 3km alcohol concentration of 0.142% while under the influence of alcohol, without obtaining a driver’s license from the front of the restaurant to the C welfare center in the Changwon-si, Masan-si.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Investigation report on the circumstances of the driver's license in the main place (report on the situation of the driver's license in the main place);

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and the summary order), and one summary order;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommended sentences according to the sentencing criteria: Non-establishment of the sentencing criteria;

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once in 2017 due to driving under drinking, was engaged in driving without a license or drinking.