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 October 2, 2002, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on October 2, 2002, on December 23, 2011, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Yeongdeungpo Branch of the Daegu District Court on December 23, 201, and on January 17, 2018, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) was issued, respectively.

On June 25, 2019, at around 19:25, the Defendant driven a e-mail vehicle without obtaining a driver's license under the influence of alcohol level of about 500 meters from a 500-meter section from the front of the Seoul Young-gun B market to the front of the D cafeteria located in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arrest of a person in violation of the Road Traffic Act, reporting on investigation (report on the circumstances of a person in charge of driving), and reporting on internal investigation;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the control of drinking driving, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

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. 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 extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are committed.