A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 8, 2019, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On January 16, 2020, the Defendant, while under the influence of alcohol with 0.205% of blood alcohol content at 0.205%, driven Fpoter, spoke, Sposs, Spos, Spos, and Spos, from the front side of the parking lot in C-Myeon Office in Jin-si B without obtaining a driver’s license, up to the front side of the E-Spos, E-Spos, 150 meters away.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated the above cargo without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, and photographs of evidence;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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. 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under Article 62-2 of the Criminal Act is that the defendant was punished as a drunk driving and the driver’s license was revoked, leading to traffic accidents, and that the defendant was highly drinking.

Provided, That the punishment shall be determined in consideration of the circumstances such as the fact that the defendant has no record of punishment more than the suspension of execution and the reflective fact, and in consideration of the age, environment, etc. of the defendant.