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 June 19, 2017, the Defendant was issued a summary order of KRW 3 million with a fine for violating the Road Traffic Act, etc. by the Jung-gu District Court.

On September 26, 2019, at around 23:59, the Defendant driven a D Poter, a stable, and a cargo feling vehicle without a driver’s license, with approximately 300m alcohol concentration of about 0.228% in a 300-meter radius from the front road of Macheon-si to the front road of Macheon-si. C.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) and 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 the 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the accused has been punished for the same kind of crime, such as drinking or unlicensed driving, violation of the Road Traffic Act, etc. even before the sentencing is made;

Nevertheless, the crime of this case was committed under the influence of 0.228% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.