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

[criminal power] On September 23, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Ulsan District Court’s Branch Branch on May 8, 2015, a fine of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) and KRW 7 million as a fine for a violation of the Road Traffic Act from the Daegu District Court’s Branch on October 31, 2016, respectively.

【Criminal Facts】

On April 8, 2020, at around 23:25, the Defendant driven a B rocketing car under the influence of alcohol content of about 10km from the front of the cafeteria to the sloping distance of about 47 degrees in the same military stalle, and without obtaining a driver’s license, while under the influence of alcohol content of 0.080%.

Accordingly, the defendant driving the car without obtaining a driver's license, and at the same time, violated the prohibition of drinking under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act (e.g., drinking or unlicensed driving) and reporting on investigation thereof (report on the circumstances of a drinking driver);

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses (A);

1. Criminal records as indicated in the judgment: Criminal records, investigation reports, and application of summary order Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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. The reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures have already been punished by a fine on three occasions due to drunk driving, and among them, the Defendant’s driver’s license was revoked due to drunk driving in 2016.

After that, the defendant is driving without a license in 2019.