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 April 1, 2010, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor at the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On October 18, 2019, at around 23:20, the Defendant: (a) driven a D New Flauning Car without obtaining a driver’s license from the front of the singing shop in Pyeongtaek-si B to the front road; (b) was under the influence of alcohol 0.142%; and (c) was under the influence of alcohol 0.142%, the Defendant violated the prohibition of drinking under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the state of drinking drivers, and written reports on the results of drinking control;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case