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

On October 29, 2009, the Defendant issued a summary order of KRW 4 million with a fine of KRW 4 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. at the Gunsan Branch of the Jeonju District Court on July 4, 2018, and a summary order of KRW 5 million with a fine of KRW 5 million with a penalty of violation of the Road Traffic Act at the Suwon District Court on July 4, 2018, on two occasions.

On February 17, 2019, the Defendant, while under the influence of alcohol 0.053% of blood alcohol level around 14:15, without a driver’s license, driven a vehicle of approximately three kilometers in approximately three kilometers from the commercial unclaimed restaurant in Ansan-si to the front day of the cafeteria in the commercial name.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of three copies of a statement of criminal history records, a copy of a summary order, and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have a record of driving under the influence of alcohol at least twice, and the criminal defendant whose driver's license was revoked on June 26, 2018, and whose nature of the crime is minor.

The Defendant had a record of being punished for a fine four times due to drinking driving, etc., and was found to be a drunk driving in May 2018 and was again driving without a license or driving without a license of the instant case for which one year has not passed since he was found to be a drunk driving in May 2018.

However, the defendant recognized the crime of this case and divided his mistake, and the drinking of this case is caused by the drinking of this case.