However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On March 12, 2019, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court due to the crime of violation of the Road Traffic Act.

On August 21, 2020, at around 04:55, the Defendant driven Cpoter vehicle while under the influence of alcohol 0.095% without obtaining a driver's license in the section of about 2 km from the Michuhol-gu Incheon sublime to the front of the same Gu.

As a result, the Defendant violated the regulations on prohibition of drunk driving more than twice and operated without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal investigations, and summary orders;

1. Relevant Article 1 of the Addenda to the Road Traffic Act (Act No. 17371 of Jun. 9, 2020), Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act for criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One year and two years and six months of imprisonment within the scope of punishment by law; and

2. The sentencing criteria based on the sentencing criteria do not present a majority of the sentencing criteria for commercial concurrent crimes, so the sentencing criteria do not apply to this case.

3. Although the criminal defendant's decision on sentencing is serious in that he/she driven a horse truck without a license, the defendant shows his/her attitude to recognize and reflect the crime of this case, including the blood alcohol concentration in the judgment, the degree of drinking alcohol level, the degree of drinking driving, the circumstances leading to drinking driving, etc., the defendant's age and the motive for the crime.