A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On January 6, 2020, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 00:10 on May 23, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a motor vehicle from around 8 km section without a driver’s license to the front road of Ulsan-dong, Ulsan-dong.

2. Around 09:50 on May 23, 2020, the Defendant driven a vehicle specified in paragraph (1) while under the influence of alcohol 0.120% in a state of under the influence of alcohol without obtaining a driver’s license, from approximately 3.5km section from the front side of Ulsan-dong, Ulsan-gu to the front side of G in Ulsan-dong, Ulsan-gu, Ulsan-do.

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. Registers of driver's licenses, records of the control of drinking driving ( dated May 23, 2020), and circumstantial statements of drinking drivers;

1. Inquiry reports, such as criminal records, investigation reports, and application of statutes in one copy of judgment;

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

1. Articles 40 and 50 (Crime of Violation of the Road Traffic Act as stated in the facts constituting the crime of paragraph (2) at the time of displaying and between the crimes of violation of the Road Traffic Act and without obtaining a license);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

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

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

1. The sentencing circumstances of the defendant with regard to the sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures are as follows.