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 July 18, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violating the Road Traffic Act.

On October 30, 2019, the Defendant, without a license, driven a DNA-learning car from around 10:02 to around 1197, while under the influence of alcohol 0.037%, with a blood alcohol level of 0.037%.

Accordingly, the defendant has driven a motor vehicle more than twice, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of inquiry letters, a copy of judgment, and statutes;

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order shall be determined as ordered by taking into account the following factors: (a) the defendant committed again the crime of this case even though he had a previous conviction of the same kind; (b) the interval between criminal records of the same kind; (c) the blood alcohol concentration of the defendant; and (d) the age, character and conduct and environment of the defendant; (c) the motive, means