Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On October 20, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Jeju District Court, and a summary order of KRW 3 million for the same crime at the same court on October 19, 2018.

[Criminal Facts] On November 13, 2019, the Defendant, while under the influence of 0.107% of blood alcohol level without obtaining a driver’s license on November 13, 2019, driven an Eysta car at approximately 15 km from the roads near C University located in Jeju City to the roads front of Jeju City, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on the occurrence of a traffic accident by police preparation, report on the circumstances of a driving driver, investigation report, investigation report, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, report on the traffic accident, and entry into the register of driver's licenses; and

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report on the preparation of a prosecutor's report (Attachment of identical records of a suspect);

1. When a person drives a motor vehicle without obtaining a license among the acts as stated in the pertinent legal provisions concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.