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

[Criminal Power] On November 2, 2015, the Defendant had a record of receiving a summary order of KRW 7 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 8, 2019, the Defendant, without obtaining a driver’s license on a motor vehicle on July 22:47, 2019, driven a motor vehicle of approximately 600 meters from the roads near the Dong-gu Seoul located in Ansan-si to the Egypt distance located in the same Gu, Ansan-si with a blood alcohol level of 0.058%.

Summary of Evidence

1. Defendant's legal statement;

1. Records of measurement of drinking alcohol, report on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and the register of license for driving motor vehicles;

1. Previous records of judgment: Investigation report (Attachment of summary orders, etc. related to driving under influence of a suspect) and application of criminal records-related Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive and background of the crime, blood alcohol concentration level, drinking driving distance, circumstances after the crime, etc., and the sentencing conditions shown in the records and arguments of this case;

The circumstances that are disadvantageous to the driving of drinking, which are likely to cause serious damage to the life, body and property of others, needs to be punished corresponding to the liability for the crime, and the defendant has been punished for drinking driving in 204 and 2015, but it is advantageous to the fact that drinking and driving without a license even though he had the record of punishment for drinking driving in 204 and 2015: the defendant recognized the crime and commits the crime, the blood alcohol concentration is not high, and the accident is caused by drinking driving.