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

On November 27, 2006, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on August 25, 2008 to a fine for the same crime, etc.

On November 12, 2019, at around 21:33, the Defendant driven a F Costaex vehicle with approximately 100 meters alcohol concentration of about 0.048% without a car driver’s license from the front of C in Yangsi B to the front of E in the same city D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of four copies, in total, of criminal history records, investigation reports, court rulings, and summary orders;

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. Probation, community service order and education order under Article 62-2 of the Criminal Act: The defendant confessions the crime of this case and repents the crime; the defendant's records of driving alcohol twice (including a fine); the defendant's records of driving without a license are three times (including a suspended sentence of imprisonment); and the defendant's blood alcohol concentration and alcohol concentration level at the time of the crime; his/her age, age, character and conduct, environment; motive, means and consequence of the crime; etc.; and the punishment as ordered shall be determined as ordered by taking into account all the circumstances indicated in the records, such as the situation after the crime;