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] The Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of the Suwon District Court on October 16, 2019.

【Criminal Facts】

On September 18, 2020, around 06:37, the Defendant operated D-Wz automobiles with blood alcohol concentration of 0.156% while under the influence of alcohol without obtaining a driver's license in the 19km section from the front road of Gangnam-gu Seoul Metropolitan Government to the front road.

Accordingly, the Defendant, while driving a motor vehicle without a driver's license, was in violation of the prohibition of drunk driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving, and the register of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and the application of 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 Competition;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he had recently been punished for drunk driving, once again, he drives under the influence of alcohol in the state ofless license, and the blood alcohol concentration of the defendant is considerably high, the defendant recognizes and reflects the facts charged, and the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., shall be determined