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 February 18, 2019, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.

On August 24, 2019, at around 00:01, the Defendant driven CFex vehicle under the influence of alcohol concentration of about 0.108% without obtaining a driver's license in a section of about 25 km from the front day of the drinking house in the vicinity of the members of Ansan-si, Ansan-si to the front day of the Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of driving without a license, notification on the results of the control of driving without a license, the register of driver's licenses, and making a car inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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 Defendant’s reason for sentencing under Article 62-2 of the Probation Criminal Act is likely to repeat the crime of this case, since it has long been able to have been punished for drunk driving in 2019, and the Defendant again committed the crime of this case.

Defendant has been sentenced to criminal records due to crimes of different types of crimes.

The blood alcohol concentration level at the time is reasonable for the drinking driving distance.

However, it shall be considered in light of the fact that the mistake is against, the circumstances favorable to the occurrence of the accident, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character, conduct, career, environment, circumstances after the crime, etc.