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 June 22, 2019, the Defendant was under the influence of alcohol 0.115% on the ground that he driven a vehicle while under the influence of alcohol, and was subject to a summary order of KRW 3 million at the Ulsan District Court on October 31, 2019.

【Criminal Facts】

On September 14, 2019, at around 03:20, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.104% without obtaining a driver's license in a section of about 50 meters up to the front road of the building B in front of the parking lot that may not know the name in Yangsan-si, Yangsan-si.

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

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. Application of Acts and subordinate statutes to inquiries, such as the ledger of driver's license (previous and previous years), criminal records, etc., and reports on the undisposition and verification results;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have history of having been punished once for the same crime, but confessions of the crime of this case and repents of errors, and there is no record of punishment exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, conditions after the crime, etc., shall be determined as ordered in consideration of various factors of sentencing.