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 September 3, 2019, the Defendant, while driving under the influence of alcohol, added the charges to the extent that it does not hinder the Defendant’s exercise of his/her right to defense.

On November 29, 2019, the District Court issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act.

On November 1, 2019, at around 05:16, the Defendant was not granted a driving license in approximately 30 meters section from the front road in Guri-si B to the front road of E convenience stores in the same city, but driving F k5 car while under the influence of alcohol level of about 0.104%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, report on the situation of a drinking driver, report on the situation of a driving without a license and report on the status of a driving without a license, and the ledger of driver's licenses

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 under Article 62-2 of the Criminal Act on September 3, 2019, the Defendant again committed the instant crime within a short period of time even though his/her license was revoked due to drinking driving on September 3, 2019, and the Defendant’s blood alcohol concentration was considerably high, and the Defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and environment