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.

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On January 14, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on January 14, 201, and KRW 7 million as a fine in the above court on May 7, 2019.

Nevertheless, at around 06:50 on August 31, 2019, the Defendant was under the influence of alcohol with 0.230% of blood alcohol level 0.230%, and the Defendant, without a driver’s license, driven a motor vehicle at approximately 3 km away from the road in the vicinity of the west-gu, Sungnam-si, Sungnam-si, and operated a motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, investigation reports (a confirmation of the same criminal records, and 42 pages of investigation records);

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. 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend a lecture has been subject to a fine on one occasion in 2013, and even if the Defendant was sentenced to a fine due to a traffic accident by drinking driving at around 2019, he had driven a motor vehicle without a driver’s license in the state of drinking alcohol concentration of 0.230%, and eventually caused an accident involving road boundary seat.

This shall be considered as the principal situation, but the defendant's mistake.