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 of the final judgment.

Punishment of the crime

[Criminal Power] On April 8, 2013, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 25, 2019, at around 17:23, the Defendant driven a Dpoter 2 cargo vehicle while under the influence of alcohol level of 0.269% without obtaining a driver's license in the section of about 3 km from the 17:23, Ansan-si, Masan-si B to the preceding road of the same Gu C.

In this respect, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and operated at the same time as a license without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, a record of measurement of drinking, a report on the situation of drinking drivers, and an investigation report (report on the status of drinking drivers);

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on the same criminal records 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that drinking without a license in 2013 or driving without a license in 2014 had the record of punishment for driving without a license in 2014, the fact that the degree of blood alcohol level is recognized: the fact that there is no record of criminal punishment exceeding the fine, and the fact that there is no record of criminal punishment other than the fine, the punishment shall be determined as ordered by taking account of various factors of sentencing as shown in the trial process such as the Defendant’s age, character and behavior, environment