A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 20, 2014, the Defendant issued a summary order of KRW 7 million by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 20, and on April 25, 2018, the Defendant was sentenced to a suspended sentence of two months by imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court on April 25, 2018, and the judgment became final and conclusive on May 3, 2018.

1. The Defendant was under the influence of alcohol by 0.121% without a driver’s license for a vehicle, while driving a vehicle at a level of about 500 meters from the old street store in Bupyeong-gu Incheon, Incheon, to the front day of the “E convenience store” located in D located in D located in the same Gu, around May 26, 2019.

2. On May 26, 2019, the Defendant violated the Resident Registration Act, around 23:46, at the “H Tax Director General” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and the police officer I police officer of Samsan Police Station confirmed personal information for the crackdown on drinking, and subsequently, the Defendant illegally used the name and L of K while driving at K, stating his/her resident registration number.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of a drinking driver), internal investigation report, the place of duty for the control of drinking-driving, and details of crackdown;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (report attached to judgment);

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 subparagraph 1 of the Road Traffic Act; Article 152 subparagraph 1 of the Road Traffic Act; Article 37 subparagraph 10 of the Resident Registration Act for a crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the defendant's mistake in sentencing is recognized and reflected in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.