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 record] On September 29, 2017, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the Gyeyang District Prosecutors' Office located in the Suwon District Prosecutors' Office, and on January 31, 2019, the Defendant is a person who had the record of driving a motor vehicle, etc. under the influence of alcohol at least twice, such as being sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, from the Gyeyang District Court's inside and outside of the Suwon District Court.

【Criminal Facts】

On June 19, 2019, at around 13:35, the Defendant driven a FTbluri-ly car without obtaining a driver’s license from approximately 10 meters section from the front line of the C Station adjacent to the Michuhol-gu Incheon Metropolitan City, to the front line of the “EM” road located in the same Gu D, and without driving the vehicle under the influence of alcohol of about 0.104% in blood alcohol concentration.

As a result, the defendant, while under the influence of alcohol at least twice, has driven a motor vehicle without obtaining a driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the control results of drinking driving, report on the state of driving under influence, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes to criminal records, summary order and a copy of decision not to prosecute;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Three times due to drunk driving (including suspension of indictment) and one time due to unlicensed driving.

After the detection of drinking driving, the circumstances after the crime are not good, such as suggesting the personal information of TW, which is a pair of dynamics.

The favorable circumstances: The crime is recognized, and it is against it.