However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

On October 18, 2017, the Defendant was sentenced to a suspended sentence of one year at the Incheon District Court for a violation of the Road Traffic Act.

On August 20, 2019, at around 19:45, the Defendant driven a 3 truck under the influence of alcohol level 0.159% under the influence of alcohol level 0.159% without obtaining a driver’s license at the 1km section from the front of Seo-gu Incheon to the front of “D” located in Seo-gu Incheon, Seo-gu, Incheon.

As a result, the Defendant was driving without obtaining a driver's license while violating the regulations on prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Criminal history records, inquiry records, application of court rulings and other 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 the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though there are many criminal records related to traffic, such as punishment for violation of the Road Traffic Act in 2001, 2003, and 2017, a person driving under influence without a license even though there are many criminal records related to traffic, and the degree of blood alcohol level is relatively high, and the responsibility is not somewhat weak.

However, the defendant reflects his mistake, and his previous conviction in 2017 has become somewhat old.

The defendant is currently old at 70 years of age and is diagnosed as alcohol dependence, and is receiving treatment.

In full view of the above circumstances, the punishment as ordered shall be determined as above.