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 April 21, 2016, the Defendant was notified of a summary order of a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) in an Ansan District Court's Ansan Branch on April 21, 2016.

Criminal facts

On July 30, 2019, at around 05:10 on July 30, 2019, the Defendant driven an EM3 vehicle under the influence of alcohol concentration of 0.130% without obtaining a driver’s license from the front side of C, which is located in C, which is located in C, to D, in the front side of C, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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., the point of reflection, the distance from which a person drives the instant drinking license or a non-exclusive license without license, its result, etc., the Defendant’s age, character, conduct and environment, etc.

1. Article 62 (1) of the Criminal Act on the suspended sentence (see, e.g., Supreme Court Decision 62 (1)