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 July 9, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and on January 11, 2019, at the Seosan Branch of the Daejeon District Court, a fine of KRW 3 million was issued for a violation of the Road Traffic Act.

【Criminal Facts】

At around 23:55 on September 23, 2019, the Defendant, despite the fact that he violated the provision on the prohibition of drunk driving, was driving at approximately 800 meters from the front of the building in Seogsan City to the front of the D store located in Seogsi C without obtaining a driver’s license in the state of alcohol concentration of 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A manual for drinking control;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

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

1. 112 reported case handling table;

1. Registers of driver's licenses;

1. Investigation report (Calculation of blood alcohol concentration);

1. On-site photographs and related photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of criminal records of the same kind as a suspect), and application of two copies of summary orders to the 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 Criminal Act on probation and order to attend a training course is that the defendant has been punished twice due to drinking driving as stated in its reasoning and driving without a driver's license again has not yet passed, causing a traffic accident that causes a parked vehicle, and the amount of drinking water is not low, and that the defendant's mistake and reflects it other than the above previous conviction.