A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 26, 2012, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic laws at the Ulsan District Court, and a summary order of KRW 5 million for a crime of violating road traffic laws at the Ulsan District Court on February 7, 2018, respectively.

[2] On July 31, 2018, the Defendant driven Cone Star Co., Ltd. under the influence of alcohol concentration of about 0.252% without obtaining a driver’s license from approximately 200 meters to the road in front of “Sauri church,” located in Geum-si, Geum-si, Kusan-si, Geumsan-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, order to provide community service and order to attend lectures is that the defendant was involved in a traffic accident while driving a motor vehicle while under the influence of alcohol without a driver's license, and the nature and circumstances of the crime are not good.