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

On December 16, 2019, the Defendant issued a summary order of KRW 1 million at the Suwon District Court for a violation of the Road Traffic Act.

On February 1, 2020, at around 03:46, the Defendant driven BM3 automobiles under the influence of alcohol concentration of 0.089% without obtaining a driver's license for approximately 10km section from Suwon-dong, Seoul to the white road in Sung-gu, Sung-si, Sung-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Detection report, report on the situation of driving without a license, report on the situation of driving without license, notification on the results of the regulation of driving without license, report on the situation of a drinking driver, report on the situation of a drinking driver, on the enforcement site photograph, on the license register,

1. Previous records: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The following circumstances are considered: (a) on October 22, 2019, when driving under the influence of alcohol again, driving under the influence of alcohol again for not more than four months; (b) the risk of accident was discovered as a person diving through the intersection while driving under the influence of alcohol; (c) the degree of accident was high; (d) the circumstances in which the distance of driving under the influence of alcohol was favorable: the confession and reflect of the crime; (d) the Defendant has no criminal record other than the previous offense; and (e) the Defendant has no criminal record other than the previous offense; and (e) the circumstances revealed in the instant pleadings, such as the Defendant