A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On April 5, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) with the support of the Southern District Court of the Jeonju District Court.

[2] On October 17, 2020, around 08:46, the Defendant driven a Cpote car with alcohol content of 0.075% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from approximately 5km section from the front of Gangnam-gu Seoul to the road of the same city, Gwangjin-gu, Seoul Special Metropolitan City (military automatic), to about 36km (military automatic), the same city.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Details of the defendant's legal statement PDA withdrawals, photographs showing drinking results, and photographs of operating vehicles;

1. 112 Report processing table, report on the results of crackdown on drinking driving, report on the situation of the driver in charge of drinking, investigation report (report on the circumstances of the driver in charge of driving), and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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) concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: The driving of drinking alcohol is likely to cause a traffic accident by raising the possibility of occurrence of a traffic accident, thereby causing a dangerous criminal who is not only his/her own, but also his/her life and home, and the defendant has been punished once by a fine for a crime of violating the Road Traffic Act (driving of Drinking): The defendant recognizes and reflects his/her mistake, and the defendant's age is also the defendant's age.