The punishment of the accused shall be determined by a year of imprisonment.

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

Punishment of the crime

[Criminal Power] On January 22, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for the crime of violation of the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Facts】

around 02:08 on April 26, 2020, the Defendant driven a FNAS car under the influence of alcohol level of 0.160% without obtaining a driver’s license from around 3km section from the front of the “CPC store” road in South-gu, Nam-gu, Seoul to the front of the “EPC bank” road in North-gu, North Korea.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Each photograph;

1. Previous convictions: Criminal records, written judgments, and application of Acts and subordinate statutes concerning summary orders;

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 (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, and the past records of probation two times due to drunk driving and unlicensed driving before the instant case and of punishment for one fine);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that there exists no record of punishment for a sentence of imprisonment with prison labor imposed upon him/her);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;