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 June 11, 2015, the Defendant was issued a summary order of KRW 3.5 million by the same court as a crime of violating the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch on June 11, 2015, and on February 22, 2019.

【Criminal Facts】

On July 10, 2019, at around 16:42, the Defendant driven a Danland without a driver’s license, while under the influence of alcohol leveling 0.05% from around 3 km to the front of the same city, from around 16:42, Seocheon-si B, to the front of the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of two copies of written judgments;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture is a crime that enables the life of a person who is not only his/her own but also another person, and the criminal defendant has a record of being punished twice due to a violation of the Road Traffic Act (driving). Among them, one of them was punished in 2019, and the fact that the defendant committed the instant crime is disadvantageous to the criminal defendant.

However, the following facts are considered as favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) there is no criminal punishment exceeding the fine; and (c) the Defendant’s blood alcohol concentration was considerably low; and (d) other records and arguments, such as the Defendant’s age, environment, character and conduct; (b) motive and means of the instant crime; and (c) circumstances after the crime.