A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On September 26, 2019, the Defendant was sentenced to a summary order of KRW 6 million to a fine of KRW 12 million for a violation of the Road Traffic Act at the Suwon Flag Flag on September 26, 2019, and a fine of KRW 12 million for a violation of the Road Traffic Act at the Suwon Flag Flag on November 28, 2019. On November 5, 2020, the Defendant was sentenced to imprisonment of KRW 2 years and a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon Flag Flag on November 5, 2020.

[2] On October 12, 2020, the Defendant driven a B K5 passenger vehicle under the influence of alcohol level of about 0.051% in the section of the V bus stop located in U in the Gyeonggi si, from around 3km to the road of WW and X.

Accordingly, the defendant did not obtain a driver's license, and violated the prohibition of drinking driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Response to a request for appraisal;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (Attachment of relevant data on criminal history);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant committed the instant crime without being aware of the fact that he had been punished twice for the same kind of crime only in 2019, and the defendant committed the instant crime. The sentence of a sentence on the defendant is inevitable.

The specific punishment is determined by comprehensively taking account of the circumstances favorable to the Defendant, including the fact that the Defendant had no previous conviction exceeding the fine prior to the instant case, and the fact that the alcohol concentration in blood is low, and all other sentencing conditions indicated in the record of the instant case.