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 June 14, 2018, the Defendant is a person with the record of having received a summary order of a fine of KRW 5 million from the Ulsan District Court for a violation of the Road Traffic Act.

On April 28, 2020, at around 14:55, the Defendant driven an E body-wide car without obtaining a driver's license, in a section of about 50 meters from the front of the building Ulsan-gun B, Ulsan-gun to the front of the D cafeteria located in the same military C, with a blood alcohol concentration of about 0.143%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and investigation report made on the results of the control of drinking driving (report on the circumstances of drinking drivers);

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is that the defendant was punished by a fine by taking personnel traffic accidents under the influence of alcohol 0.132% prior to the second year, and that the defendant committed the crime of this case without being aware of a fine even though he was punished for the violation of the Road Traffic Act (unlicensed Driving) before one year, and that the defendant committed the crime of this case without being aware of it. The defendant's blood alcohol concentration level at the time of this case reaches 0.143%, and the danger of drinking driving is realistic, causing traffic accidents, and the defendant is recognized to commit the crime, and is punished beyond the fine.