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 February 1, 2019, the Defendant was issued a summary order of a fine of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act.

On October 16, 2019, at around 21:30, the Defendant driven a motor vehicle in the E Spati-type under the influence of alcohol 0.046% of alcohol level without obtaining a driver's license for the previous road of approximately 300 meters in front of the same city.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of drinking drivers, and the circumstantial statement of drinking drivers;

1. Registers of driver's licenses;

1. Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes of one summary order;

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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 probation and order to attend the course of education is that the defendant led to the crime of this case and is repented, the additional traffic accidents, etc. have not occurred due to the defendant's drinking driving of this case, the defendant's history of drinking driving is only once, but one year has not passed since the crime of this case, and the defendant's punishment as ordered shall be determined by taking full account of all the circumstances revealed in the records such as blood alcohol concentration level, drinking alcohol level, distance, age, character and conduct, environment, motive, means and consequence of the crime of this case, etc. at the time.