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 September 17, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act by the Changwon District Court on September 17, 2007, and on February 11, 2008, issued a summary order of KRW 3 million with a fine of KRW 3 million for a violation of the Road Traffic Act.

At around 18:45 on March 16, 2020, the Defendant driven a D-wing three truck without obtaining a driver's license on the front side of the window B of Changwon-si from around 1.3km to the front road of the same Gu, while under the influence of alcohol by 0.142% of blood alcohol concentration.

As a result, the defendant was driving a motor vehicle without obtaining a driver's license under the influence of alcohol more than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, report on the situation of a drinking driver, notification on the control of drinking driving, and the register of driver's licenses;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 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, which provide for the choice of punishment;

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

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. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);