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 August 26, 2014, the Defendant was issued a summary order of KRW 4 million at the Ulsan District Court for a violation of the Road Traffic Act, and on June 24, 2015, a fine of KRW 3 million was issued at the Ulsan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On September 28, 2019, at around 22:10, the Defendant driven a F rocketing car with a blood alcohol concentration of about 0.157% without a car driver’s license at approximately 200 meters from the front of a karaoke machine in Yangsan City B to the front of a restaurant located in D in the same city.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Automobile license ledger;

1. Previous records: Criminal records, investigation reports (former records), judgment, and application of Acts and subordinate statutes concerning summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, 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. 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 of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend a lecture is that it again leads to the crime of this case even though there was a record of punishment for the driving without a license of the defendant. On the other hand, the vehicle is disposed of, taking into account the following factors: the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime and circumstances after the crime, etc., the sentence like the order shall be determined, and the execution thereof shall be suspended, and community service and order to attend a lecture shall be suspended.