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 becomes final and conclusive.

Punishment of the crime

[criminal power] On September 6, 2010, the Defendant issued a summary order of KRW 1 million at the Changwon District Court for a violation of the Road Traffic Act (driving). On May 23, 2019, the Defendant issued a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act (driving) at the Seo branch of the Busan District Court.

【Criminal Facts】

On June 19, 2020, at around 00 00:01, the Defendant driven D Poter truck under the influence of alcohol concentration of 0.129% without obtaining a driver’s license from approximately 25 km section from the cafeteria, which is located in the Gang-si, Kim Jong-si, Kim Jong-si, to the front roads in Changwon-si, Changwon-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, repeated statements, and application of statutes by a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, probation, community service order and order to attend a lecture, the punishment as ordered shall be determined by taking into account all the various circumstances, including the following circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: the harmful effects of drinking and unlicensed driving, the actual traffic hazard (influence after the parked vehicle), a considerable degree of blood alcohol concentration, recidivism during a short period of time, which was punished like the previous conviction in the judgment, etc.: the defendant is divided, reflected, and reflected by the defendant.