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

On April 13, 2011, the defendant was sentenced to a summary order of a fine of three million won at the Suwon District Court for a violation of the Road Traffic Act (driving) and was punished for a violation of the Road Traffic Act (driving) three times.

On December 9, 2019, around 14:46, the Defendant driven a Maz car under the influence of alcohol level of about 0.058% without obtaining a driver's license from the front of the Defendant's dwelling in the wife B, which is located in the Republic of Korea, to the front of the D convenience store in the same Gu C, to the front of the D convenience store in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

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. Records of judgment: Application of criminal records, reply reports, investigation reports (report on the confirmation of the same kind of power) and statutes;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is deemed to have a record of driving under the influence of alcohol, and the defendant, whose driver's license was revoked on March 10, 201, has re-licensed or driven under the influence of alcohol, and the nature of the crime

Defendant has already been punished for a fine on three occasions due to drinking driving.

However, the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not high, the defendant's driving force has passed for more than eight years from the date of the crime of this case, and the defendant has no record of punishment for more than a suspended sentence.