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 9, 2018, the Defendant received a summary order of a fine of KRW 7 million for a violation of the Road Traffic Act (driving) from the Cheongju District Court Support on Cheongju District Court on November 9, 2018.

【Criminal Facts】

On August 16, 2019, at around 01:57, the Defendant driven a Ebluri vehicle while under the influence of alcohol content of 0.199% without obtaining a driver’s license from the street in front of the C restaurant in Incheon City to the street in front of the D in Incheon City without obtaining a driver’s license from around 2 km.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Criminal records, inquiry reports, investigation reports (report on the confirmation of sound records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: around 2018, the defendant has been punished by a fine for a violation of the Road Traffic Act.

Blood alcohol concentration is high.

The favorable circumstances: The mistake is recognized and reflected.