Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On February 15, 2019, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Busan District Court’s Branch Branch.

【Criminal Facts】

1. Around March 21, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven a C rocketing car with a blood alcohol concentration of about 0.196% from the 5km section around the Busan Gangseo-gu signaldong to the front road of Gangseo-gu Busan Gangseo-gu to the Busan Gangseo-gu B apartment.

Accordingly, the defendant was driving under drinking not less than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license from the date and time, place, and without obtaining a driver’s license from the Defendant, driven the C rocketing car as stated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The report on traffic accident, the report on the circumstantial statement of a drinking driver, the report on the control of drinking driving, the notification of the results of the crackdown on drinking driving, the register of driver's licenses, etc.;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports (verification of identical records A of a suspect);

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, was driving under the influence of alcohol without being able to drive a motor vehicle while under the influence of alcohol, although his/her license was revoked due to drinking alcohol, and physical damage was also caused by an accident.

The blood alcohol concentration level at the time of the crime of this case is also reasonable.

In light of these circumstances, the defendant is chosen to be sentenced to imprisonment, but the defendant shows his attitude to recognize and reflect each of the crimes in this case, and the defendant does not repeat again.