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 December 15, 2014, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,500,000 due to a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million on March 23, 2016, respectively.

1. Around 20:21 October 21, 2019, the Defendant driving a CA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same time and place as the above paragraph (1) without a driver’s license, and operated the C-A-to-purd passenger vehicle as in the above paragraph (1).

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. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);

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 the reason for sentencing under Article 62-2 of the Criminal Act: (a) Defendant confessions and repents the instant crime; (b) Defendant has the driving record twice or the driving record without a license, but there is no criminal punishment record exceeding fines; (c) Defendant did not cause any additional damage, such as traffic accidents, due to drinking or non-licenseing driving in the instant case; and (d) Defendant’s blood alcohol concentration concentration level, drinking or non-licenseing driving distance, age, personality and behavior.