A defendant shall be punished by imprisonment for one year.

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 August 22, 2008, the Defendant was issued a summary order of 1.5 million won by committing a violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch on May 19, 2009, and was sentenced to six months by imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 19, 2009. On January 18, 2018, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch of the Incheon District Court for the eight months.

【Criminal Facts】

On December 22:21, 2019, the Defendant driven a motor vehicle Eknife without obtaining a driver’s license from the front of the “Ccafeteria” road located in Goyang-dong, Seoyang-si B to the front road of the same Gu, and without obtaining a driver’s license, with a blood alcohol concentration of about 3km from around 0.059%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, notification on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, the list of related cases, judgment, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.