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 March 4, 2015, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on March 4, 2015, and a summary order of KRW 4 million with a fine of KRW 1.5 million at the Ulsan District Court on February 12, 2019, respectively.

【Criminal Facts】

On March 12, 2019, the Defendant, without obtaining a driver’s license on March 22, 2019, driven C SP vehicles at a section of approximately 1.5 km from the Nam-gu, Ulsan-gu, Ulsan-gu to the northwest-do, Ulsan-do, Ulsan-do, under the influence of alcohol level of 0.114%.

As a result, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition on drinking under the Road Traffic Act not less than twice, and has once 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. 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 (Attachment of the same summary order), and the application of a copy of each summary order under 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. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.