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

[Criminal Power] On December 28, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Busan District Court on December 28, 2010. On March 15, 2018, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Busan District Court Branch Branch Branch Office of the Busan District Court.

【Criminal Facts】

On October 22, 2019, around 12:50, the Defendant: (a) driven the Fwing III cargo vehicle while under influence of about 0.124% alcohol concentration without a vehicle driver’s license in the section of about 5km from the front of the “C” in Kimhae-si B to the same city D; and (b) up to the E nearby road, the Defendant violated the prohibition of drunk driving at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The harmful effects of drinking driving, the harmful effects of driving, the dangers of traffic (aromatic impulse), the significant degree of blood alcohol concentration, many traffic-related criminal records (five times for drinking driving since 2001, five times for refusal to measure drinking, one time for non-licensed driving, two times for non-licensed driving), and other favorable circumstances such as recidivism within a short period of time: The defendant is divided, reflected, and reflected, family members, etc.