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

[Criminal Power] On October 17, 2019, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 19, 2020, at around 03:20, the Defendant revised ex officio according to facts obtained through the examination of evidence without permission, to the extent that the Defendant did not disadvantage the Defendant’s exercise of his/her right to defense from the underground parking lot of the building B in Busan, to the front of the same Gu C apartment without license.

DK3 Motor Vehicles was driven while under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking without a driver's license not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Driver's license register;

1. Investigation report on drunk driving;

1. Detection site photographs;

1. Results of the control of drinking driving (blood collection result);

1. Making a report on the results of the drinking driving control (applicable with the mark code);

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol;

1. A CCTV image closure photograph;

1. Investigation report (Report on the status of an employee);

1. Investigation report (application of the Madmark formula, and change of the blood alcohol concentration crime);

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 Social Service Order Criminal Act is that the Defendant is highly likely to criticize by driving under the influence of alcohol without a license even though he/she had the record of punishment on June 2019.

The defendant recognizes his own crime.

The defendant has no power to be punished heavier than a fine.

(b) other.