A defendant shall be punished by imprisonment for not less than one year and six months.

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 15, 2010, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act, a fine of KRW 3.5 million by the Ulsan District Court on October 7, 201, and a summary order of KRW 3.5 million by a fine for a violation of the Road Traffic Act, etc. on November 30, 201. On November 30, 201, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment for a violation of the Road Traffic Act in the Ulsan District Court on May 10, 201, and two years by a suspended sentence of imprisonment for a violation of the Road Traffic Act at the Ulsan District Court on May 10, 2018.

On April 30, 2020, at around 23:17, the Defendant driven a F Ecoo vehicle with a blood alcohol concentration of about 0.088% without a car driver’s license from the front side of the restaurant in Ulsan-gu B to the front side of the E-public parking lot in the same Gu D from about 600 meters.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses, chassiss, and details of revocation of driver's licenses;

1. Criminal records, each summary order, and the application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) and 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 the 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 punishment against the accused shall be determined in consideration of the reasons for sentencing, the circumstances leading to drinking and driving without a license for the punishment of Article 62-2 of the Criminal Act, the blood alcohol concentration, driving distance, criminal punishment records, the circumstances after the crime, etc.;