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 April 18, 2008, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on April 18, 2008. On January 12, 201, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the wooden Branch of Gwangju District Court on January 12, 201.

On January 9, 2019, at around 22:30, the Defendant driven an EM5 vehicle under the influence of alcohol level of 0.13% without obtaining a driver’s license in the section of about 1km from the front of C in Gangnam-gun, Gangnam-gun, Seoul to the front of D, and without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, and the register of driver's licenses (A);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a) and copies of written judgments in the same case;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting is a crime that may cause serious harm to unspecified persons, and there is a significant risk of society, and the defendant has already been punished several times for the same kind of crime. Among which, the criminal records are included in the sentence; the criminal records are old for more than 10 years; the defendant recognizes and reflects the crime of this case; the defendant does not keep a distance from driving under the influence of alcohol; the balance between the sentencing of the same crime and the crime; the degree of blood alcohol concentration; the background leading up to driving under the influence of alcohol without a license; the distance and place of driving under the influence of alcohol without a license; the defendant's age, character and behavior; the environment; and other circumstances after the crime, etc., the punishment shall