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 January 7, 2019, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch on January 7, 2019.

Although the Defendant had been punished for drunk driving as above, on November 2, 2019, the Defendant driven a D-do motor vehicle at approximately 2 km from the front of the Chang-si Yang-dong Yang-dong Residents Center in the Changwon-dong, Changwon-si to the front road in the same Gu, under the influence of alcohol level of 0.108% without obtaining a driver's license on November 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine once on January 2019 due to a drunk driving and was sentenced to a revocation of a driver’s license, was driving in the state of drinking.

At the time of the above punishment and both of the instant cases, the blood alcohol content exceeds 0.1%, and the main state of the punishment is not easy.

(b).