A defendant shall be punished by imprisonment for a term of one year and four 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

[Criminal Power] On October 5, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on October 5, 2018.

【Criminal Facts】

On December 6, 2019, at around 22:21, 2019, the Defendant driven a F rocketing car with a blood alcohol concentration of 0.124% without obtaining a driver’s license from the front of C, which is located in D, to the front of E, located in D, at the same time.

As a result, the Defendant violated the prohibition of drinking driving twice and operated the said car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, field photographs, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished for drinking driving and re-offending a crime in approximately one year, the fact that the level of drinking is not low, the background of the accident and control in this case, the character and conduct of the defendant, the environment, etc., as a whole, shall be determined as the same as the orders