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 December 5, 2012, the Defendant was issued a summary order of KRW 3 million at the third general military court of the Army on December 5, 2012 due to a violation of the Road Traffic Act (driving) and a fine of KRW 3.5 million at the Ulsan District Court on December 21, 2016, respectively.

【Criminal Facts】

At around 02:00 on February 3, 2019, the Defendant driven a Fone Star vehicle under the influence of alcohol concentration of about 2 km from the front of the “C” parking lot located in Ulsan-gu B to the front of the “E” road located in Ulsan-dong, Ulsan-gu, with no driver’s license, at a section of about 0.142% of alcohol level without a driver’s license.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and at the same time, has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol

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. Investigation report (verification of the distance, etc. of a suspect driven by drinking);

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Previous convictions: Application of criminal records and copies of summary order 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, community service order and other matters;