A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was issued a summary order of KRW 4 million at the Ulsan District Court on February 19, 2014 by a fine of KRW 4 million for a violation of the Road Traffic Act, and a fine of KRW 2 million at the same court on May 2, 2018 for the same crime.

On January 15, 2020, at around 20:39, the Defendant driven a motor vehicle with low alcohol alcohol level of 0.079% under the influence of alcohol without obtaining a driver’s license from around 4km to the Ddong bus stops located in the same Gu C from Ulsan-gu B to the Ddong bus stops located in the same Gu C.

Accordingly, the defendant has been driving a vehicle on the road without obtaining a driver's license at the same time in violation of Article 44 (1) or (2) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report on the register of driver's licenses (report on the circumstances of drinking drivers);

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A) and Acts and subordinate 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. 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. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has had the record of being sentenced to three times a fine due to drinking driving in the past, but not more than two years have passed since the last punishment was committed again, and thus, the motor vehicle driver's license was revoked due to driving in the past and the state of non-licenseed condition was reduced, and the blood alcohol concentration was relatively high, while the defendant is recognized to commit the crime, the defendant has no record of being punished in excess of a fine, and the motive, background, and other crimes are committed.