A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On September 2, 2014, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Ulsan District Court on July 8, 2015, a summary order of KRW 3 million with the same crime in the same court on July 8, 2015, and a summary order of KRW 6 million with the same crime in the same court on May 16, 2019, respectively.

【Criminal Facts】

On May 5, 2019, around 18:45, the Defendant driven a eMW 520d car under the influence of alcohol leveling 0.059% without a driver’s license from approximately 50 meters from the 50-meter section from the front of the B apartment in Gyeyang-si to the front of the “D cafeteria” road located in the same city C.

Accordingly, the defendant, who has violated Article 44 (1) of the Road Traffic Act more than twice, drives a motor vehicle under the influence of alcohol at the same time without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and attachment), and copies of each summary order under Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Probation, orders to provide community service and attend lectures, and Article 62-2 of the Criminal Act;