A defendant shall be punished by imprisonment for a term of one year and eight 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 March 28, 2019, the Defendant was sentenced to a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act by the Ulsan District Court.

On February 17, 2020, at around 04:07, the Defendant driven B k7 automobiles with blood alcohol concentration of 0.143% while under the influence of alcohol without obtaining a driver’s license from around 2km to Ulsan-dong, Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu.

Accordingly, the defendant was driving without obtaining a driver's license, and at the same time, violated the regulations on prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant’s statutory statement, statement, results of the crackdown on drinking driving, circumstantial statement, and vehicle driver’s license register;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend a lecture, even though the defendant had been punished by a fine due to drinking alcohol and driving without a license for one year prior to the occurrence of the crime, the crime of this case is not good for the defendant to drive without a license in the state of drinking alcohol concentration of 0.143% again, and the defendant caused an accident caused by the defendant's abnormal operation, which caused the right side and left side side of the elevated road at the time, and there was a high possibility of human damage and material damage. Meanwhile, the defendant recognized the crime, while the defendant did not have the ability to punish the defendant exceeding the fine, the motive and background of the crime, the method and result of the crime, and the circumstances after the crime.