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 February 16, 2010, the Defendant was issued a summary order of KRW 700,000,000 by the Incheon District Court for the crime of violation of the Road Traffic Act, and KRW 6 million,000,000,000,000,000,000,000,000,000 won for the same crime.

【Criminal Facts】

At around 13:30 on December 17, 2019, the Defendant driven a D-car without a driver's license, while under the influence of alcohol content of about 0.161% from around 300 meters to around 300 meters from the front of Gwanak-gu in Seoul Special Metropolitan City to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, reference materials, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 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. Probation, community service, and order to attend the course of the punishment of Article 62-2 of the Criminal Code is again conducted under drinking even though the defendant's license was revoked due to drinking driving, and considering the repeating of drinking driving, it is judged that there is a need to supervise the defendant so as not to drive under drinking, and especially order probation;

In light of the fact that drinking water in this case is high and that there are two times the previous drinking accidents, including the records of drinking accidents in this case, and the fact that there are the records of traffic accidents, the previous drinking accidents do not lead to any accidents that are disadvantageous to the defendant, and that the defendant has no record of punishment heavier than the fine, the previous drinking driving in this case shall be considered as favorable to the defendant, and other circumstances shall be considered as favorable to the defendant.