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 April 19, 2013, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on April 19, 2013, and on January 8, 2020, the Defendant had the record of requesting a summary order with the same crime as the Sungwon District Court's Sungnam branch.

On February 8, 2020, at around 04:44, the Defendant driven BM5 car under the influence of alcohol concentration of 0.086% without a vehicle driver's license from approximately 13 km to the front road of 2767, Echeon-si, Echeon-si, Ga-Fire Fighting Station, located in 727, according to the G-si Gyeong-si Gyeong-si Gyeong-si (Seoul Special Metropolitan City) around 04:44.

Accordingly, the Defendant driven a motor vehicle while drunk in violation of Article 44 (1) of the Road Traffic Act not less than twice in a state of license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiries of inquiries, unwritten statements of dispositions, report on the results of confirmation, duplicate of indictment, application of Acts and subordinate statutes of the 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 Competition;

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has again been driven without drinking alcohol, despite the fact that the Defendant had had a record of drinking driving twice.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.