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 became final and conclusive.

Punishment of the crime

On July 13, 2017, the Defendant was issued a summary order of KRW 5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On December 28, 2019, at around 03:24, the Defendant driven a DSS6 car without obtaining a driver's license, while under the influence of alcohol leveling 0.040%, the distance of approximately 1.5 km from the front road of the Busan Urban Fire Headquarters in Busan, Busan to the front road located in the same Gu B.

As a result, the defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the Road Traffic Act prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements and copies of judgment 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;