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 August 19, 2018, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On October 1, 2019, at around 23:14, the Defendant, without a driver’s license, driven a B low-speed car in the state of alcohol alcohol content of about 1 km from around the mutually unclaimed restaurant in Ulsan-gu Seoul-dong to the new intersection in the same new-dong.

In this respect, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and simultaneously driven the said car without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of regulating drinking driving, reporting on the circumstantial statements of drinking drivers, and the register of driver's licenses (before the market), such as criminal records, and application of Acts and subordinate statutes of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [The statutory penalty under Article 148-2 (1) of the Road Traffic Act: Imprisonment with prison labor for not less than two years but not more than five years, or fine of not less than ten million won and not more than 10 million won and not more than 20 million won] have been sentenced to a fine for a drunk driving in 2018, and in 201, respectively. However, although the defendant was led to the crime of this case, he/she has led to the confession of the crime of this case, and the mistake has been divided, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime.