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 of the final judgment.

Punishment of the crime

[Criminal Power] On September 21, 2016, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On July 1, 2019, at around 21:10, the Defendant driven a f-hurd vehicle with a blood alcohol concentration of about 0.219% while under the influence of alcohol at approximately 1km from the front of the road located in Gangnam-si B to the front of the road located in Gangnam-si D, and without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident, a report on the actual condition investigation, and on-site photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report attached to the suspect's judgments of the same kind of power, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (the suspension of execution of imprisonment with prison labor on condition of probation and community service, in consideration of the fact that it does not cause serious traffic accidents);

1. Probation and community service order under Article 62-2 of the Criminal Act;