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

On November 1, 2010, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine of KRW 1.5 million, and on May 30, 2017, the Defendant received a summary order of KRW 2,50,000,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On September 5, 2019, at around 19:55, the Defendant driven an Epoter-II truck without obtaining a driver's license in the state of alcohol concentration of approximately 0.104% in a section of about 30 meters from the road front of a restaurant located in the window B of Changwon-si, Changwon-si to the road front of the same Gu Dmoter.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the circumstances, such as the fact that the driving distance in this case is shorter, the fact that the driving distance in this case exceeds the fine, and the fact that there is no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (ney consideration for repeated circumstances favorable to living in the future);

1. Probation under Article 62-2 of the Criminal Act;