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

[criminal power] On January 15, 2010, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on April 27, 2016, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts】

On February 14:00 on February 10, 2019, the Defendant driven a DNA vehicle with approximately 5 meters alcohol concentration of 0.09% without a vehicle driver’s license from the Ulsan-gu B pay parking lot to the road in front of the building near the said parking lot.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and application of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act, which resulted in an accident due to drinking or non-licensed driving, even though they had been punished twice due to the reason of sentencing, and even if they had a record of punishment once due to non-licensed driving, so the criminal liability is heavy.

Provided, That it shall be decided as per the disposition in consideration of the fact that there is no criminal conviction exceeding a fine and there is a strong pen.