A defendant shall be punished by imprisonment for six 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

On March 12, 2008, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on February 21, 2018, the Defendant received a summary order of KRW 3 million from the same court as a crime of violation of the Road Traffic Act.

On May 28, 2019, at around 11:00, the Defendant driven a D-wing truck under the influence of alcohol level of 0.056%, without obtaining a driver's license, from around 7km to around 7km away from the roads adjacent to the C-C golf driving range located in Chungcheongnam-si, Chungcheongnam-si, Busan to the point of 7km away from the Gangseo-gu, Geumpo-dong, Geumpo-gu, Busan.

As a result, the Defendant again driven a motor vehicle without a driver's license, in violation of the prohibition of drunk driving regulations on two or more occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached records);

1. Article 148-2 (1) 1, Article 44 (1), Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the sentencing of Article 62-2 of the Criminal Act provides community service and the order to attend a lecture, despite the fact that the defendant had been punished for drinking alcohol driving for the reason of sentencing, is going back to the crime of this case. On the other hand, the defendant's age, occupation, character, personality and behavior, family relationship, living environment, circumstances leading to the crime, circumstances leading to the crime and circumstances after the crime, etc., the sentence like the order shall be determined by taking into account the following factors: the execution of the sentence shall be suspended, and community service and order to attend a lecture