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 December 26, 2019, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated the provision prohibiting driving under the influence of alcohol, on March 2, 2020, the Defendant driven a Cpoter-II truck from the influent land below the upper 0.093% under the influence of alcohol without obtaining a driver’s license on March 2, 2020 to the front road of the Silung City, from the influent land below the upper 0.093% under the influence of alcohol.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and operated at the same time as a license without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152, 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 each sentence 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. Taking into account the risks inherent in the reasoning of sentencing under Article 62-2 of the Criminal Act, the previous drinking records of the accused, the blood alcohol concentration at the time of the instant case, the drinking and unlicensed driving section and its developments, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other factors of sentencing, such as the circumstances after the commission of the crime, shall be determined as the sentence as ordered