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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 10, 201, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on August 10, 201, and a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving), etc. at the same court on September 4, 2014, and on June 9, 2017, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving).

On May 31, 2020, around 21:52, the Defendant: (a) driven a Fpoter cargo vehicle under the influence of alcohol concentration of 0.140% without a vehicle driver’s license on about 50 meters from the front side of “C” in Ulsan Northern-gu B to the front side of “E” located in D, “E”. The Defendant violated the prohibition of drunk driving by driving the Fpoter cargo vehicle under the influence of alcohol concentration of 0.140%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect's drunk driving), summary orders, application of statutes on judgment;

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 reasons for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course of education include the confession and the penance of the defendant, the defendant has three times of drinking driving skills, four times of driving without a license (including suspension of execution of imprisonment), the defendant did not cause additional damage, such as traffic accidents, due to drinking driving in this case, and all other circumstances indicated in the records, including blood alcohol concentration and alcohol level, drinking and driving distance without a license at the time of the defendant, current health conditions, age, character and behavior, environment, motive, means and consequence of the crime.