A defendant shall be punished by imprisonment for one year.

except that 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 December 19, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Sung-nam Branch of Suwon District Court on December 19, 2008, and a summary order of KRW 4 million as a fine in the same court on May 27, 2013, respectively.

Although the Defendant had the record of violating Article 44(1) of the Road Traffic Act, around October 15, 2019, at around 21:46, the Defendant driven CN-si car under the influence of alcohol with approximately 0.061% alcohol concentration without obtaining a driver’s license on the road near the entrance of the Jinjin-gu Ba-gu Bel in Seoul Special Metropolitan City.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's 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. Previous records: Application of inquiries, such as criminal records, and summary order 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. Although the driver's license was revoked due to the drunk driving prior to the reason for sentencing under Article 62 (1) of the Criminal Act, the period of driving is shorter than that of the driver's license without permission, the driving circumstances are considered, and the degree of blood alcohol level is not high. The same military power (two times a fine), the degree of fine exceeds that of a fine, and other various circumstances revealed in the trial process of this case, such as the defendant's age, character and behavior, environment, family relationship, etc. shall be determined as ordered by taking full account of the following factors.