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 of the final judgment.

Punishment of the crime

[criminal power] On April 9, 2015, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Chuncheon District Court. On May 24, 2019, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act by the same court.

【Criminal Facts】

At around 08:32 on June 13, 2019, the Defendant, who violated the provision on prohibition of drunk driving, driven a Fice 204% 0.14% alcohol alcohol level without obtaining a driver’s license in approximately 4.4km section from the front side of the Defendant’s residence in Gangwon-si B to the e-road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, written judgments and copies of summary orders;

1. Article 148-2 (1) 1, Article 44 (1) (the point of a sound driving), subparagraph 1 of Article 152, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018), Article 152 (1) and Article 43 for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor (it shall be considered that there are two times the records of punishment for drunk driving as shown in the market, that the blood alcohol concentration is relatively high, and that time of the previous drinking driving force, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the records of the fine as indicated in the judgment, the circumstances leading to the control of drinking due to the night-time by the defendant, the situation in which the defendant raises a child living alone by drinking at night on the day of the crime, the age, environment, health conditions of the defendant, the means and result

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;