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

On February 21, 2019, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support.

On December 18, 2019, the Defendant, without obtaining a driver's license of a motor vehicle on December 18, 2019, driven a B-hand motor vehicle while under the influence of alcohol by 0.095% in blood alcohol concentration from the vicinity of the plastic house near the plastic house that is located at the beginning and below the beginning of the Seocho-si, Changwon-si to the 570-31 fishery intersection distance near the Changwon-si.

As a result, the defendant, who was punished for the violation of the Road Traffic Act, was driving a motor vehicle without a driver's license in the state of retoxicated.

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;

1. Previous records of judgment: Criminal records, etc., and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same type of force);

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. 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 of 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. In the sentencing of Article 62-2 of the Criminal Act of the Order to Attend a lecture, the degree of blood alcohol concentration, the unlicensed driving background, and the Defendant did not know about being notified of a summary order of a fine of KRW 4 million on February 21, 2019 due to the violation of the Road Traffic Act (driving) and again, the Defendant committed the instant crime again for ten months or more without being aware of the fact that the traffic accident occurred, considering the major sentencing factors, and considering the fact that the traffic accident occurred as well as the fact that the Defendant would not make the same mistake again, the Defendant did not have any criminal record other than the above fine, and the Defendant’s age, character and behavior, environment, motive, means, and means of the instant crime.