A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

(b) the defendant;

Punishment of the crime

On March 3, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court on March 3, 2016, and was sentenced to a fine of KRW 6 million at the Incheon District Court on February 5, 2020, and is currently pending in the appellate trial.

At around 05:30 on April 22, 2020, the Defendant, without a driver’s license, driven an EK7 car at a section of about 100 meters from the Incheon Bupyeong-gu B Apartment to the front of the exit road D 1 in the same Gu, while under the influence of alcohol of which the blood alcohol level is 0.134% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, etc., investigation reports (former records and records during the continuation of trials at the same appellate trial), summary order, and application of each of the statutes applicable to each of the judgment;

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 Selection of imprisonment with prison labor as a matter of choice of punishment ( even though the driver's license was revoked on January 2020 after the defendant committed a crime of drinking on November 201, 2019 and was sentenced to a conviction on February 2020, taking into account the circumstances, etc. of the crime of driving without driving under the influence of alcohol again on April 2020);

1. Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation (in addition to the summary order issued in 2016 and the fine sentenced in 2020 as seen earlier, considering extenuating circumstances, etc. without any criminal record);

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

1. To assist in preventing recidivism and rehabilitation into society in consideration of the records of the same criminal defendant and the circumstances of repeated crimes, etc.;