A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 8, 2008, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on December 8, 2008, with a fine of KRW 3 million for a violation of the Road Traffic Act (refluence of measurement) in the same court on January 9, 2012, and a fine of KRW 4 million for a violation of the Road Traffic Act (refluence of measurement) in the same court on July 26, 2017.

On February 8, 2020, at around 14:30, the Defendant driven a Fpoter II truck under the influence of alcohol concentration of about 0.088% without a car driver’s license in approximately 1km section from the near C, located in Gangnam-si B, to the front road in Gangnam-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (report accompanied by a summary order of the same kind of power of a suspect) and other Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Probationary sentencing under Article 62-2(1) of the Criminal Act requires the choice of imprisonment, taking into account the criminal records of the criminal defendant for the same kind of crime for the reason of sentencing; the criminal defendant led to his/her confession of a crime, misunderstanding of his/her mistake, disposal of a vehicle and disposal of the vehicle, and the degree of blood alcohol concentration is not very high; the statutory punishment shall be set within the scope of mitigation, the execution of the sentence shall be suspended, and probation shall be ordered to prevent recidivism;