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 April 25, 2017, the Defendant was issued a summary order of KRW 500,000 as a fine for the same crime from the Seogsan Branch of the Daejeon District Court on October 29, 2009.

【Criminal Facts】

On October 20, 2019, at around 21:51, the Defendant driven a D low-priced vehicle while under the influence of alcohol concentration of 0.040% without a driver’s license, from around 200 meters from the front day of Gyeonggi-si to the front day of Gyeonggi-si.

As a result, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, and simultaneously driven without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and notification of the result of drinking control;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy drinking operation);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the provision of drinking alcohol in this case, the circumstances leading up to the Defendant’s drinking operation, the same criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case, including the age, character and conduct of the Defendant and the environment, shall be determined as ordered by considering the following factors.