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 February 5, 2010, at the Incheon District Court, the Defendant issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on February 14, 2012, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on February 14, 201, and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 8, 2016, respectively.

【Criminal Facts】

On August 18, 2019, at around 23:40, the Defendant driven B-wing cargo vehicles with blood alcohol concentration of 0.085% while under the influence of alcohol without obtaining a driver's license in front of the International Road of Michuhol-gu, Incheon, Mabro 1-ro, Mabro, 38, Mabro, Mabro

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of criminal records of the same kind of criminal suspect, and application of Acts and subordinate statutes of a copy of summary order;

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. An order to attend a lecture or an order to provide community service is driving under the condition that the sentencing of Article 62-2 of the Criminal Act was completed in 2010.

Since a motor vehicle driving has been punished three times by drinking, such as causing a traffic accident causing human damage, and as a result, the driver's license of a motor vehicle was revoked in 2016, it shall be punished by imprisonment with prison labor, and it shall be punished by a mistake, and it shall be suspended by taking into account favorable circumstances, such as the fact that the drinking water measured at the time of the discovery of this case is not very heavy, and that there is no penalty force exceeding the fine until now.