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

On April 5, 2017, the Defendant was sentenced to a suspended sentence of two years for a year in the case of a violation of the Road Traffic Act at the Eunpyeong District Court's Eunpyeong site on the following five occasions: the Defendant was sentenced to a suspended sentence of two years;

Although the Defendant had the power of violating the provision prohibiting driving under the influence of alcohol, on October 26, 2019, at around 17:3, 2019, the Defendant driven Done Star car under the influence of alcohol alcohol concentration of about 0.205% without obtaining a driver’s license in the section of approximately 6km from the front side of the emulgal parking lot located in the emulgal emulgroporo, in Ansan-si, to the C neighboring road located in Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the health of the accused is not good and that the accused again commits an offense against his/her own mistake and is going to not to commit such offense);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;