A defendant shall be punished by imprisonment for one year.

except that 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 August 2, 2017, the Defendant was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on August 2, 2017.

On February 20, 2020, around 17:50, the Defendant driven an under the influence of alcohol concentration of 0.147%, without obtaining a motorcycle driver’s license, at the section of approximately 1km from the 1km to the roads in front of the D Joint Market, D Co., Ltd., which is located in C., at the same time, the Defendant driven an under the influence of alcohol concentration of 0.147%.

The Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the occurrence of a traffic accident, photographs related to the traffic accident, and the ledger of driver's licenses;

1. Report on the results of the crackdown on drinking driving, the notification of the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentence is the same in consideration of various circumstances, including the Defendant’s age, character and behavior, occupation and environment, criminal records, motive and background of the crime, and circumstances before and after the crime, and the sentencing conditions specified in the instant records and arguments, where it is deemed that the Defendant did not repeat the crime in light of the reason for sentencing under Article 62(1) of the Criminal Act (i.e., blood alcohol concentration, traffic accidents during drinking driving, and the same criminal records.