A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 14, 2018, the Defendant was sentenced to a suspended sentence of two years in August, 201 to imprisonment with labor for a violation of the Road Traffic Act, etc. in the credit support of the Suwon District Court.

On November 4, 2020, around 00:20, the Defendant driven an E QM3 car under the influence of alcohol concentration of 0.088% without obtaining a driving license from the front of the “C” road located in Ischeon-si B to the front of the inn city D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the driving without a license on the offender's land;

1. Application of Acts and subordinate statutes to inquiry and inquiry reports on circumstantial statements of drivers, investigation reports on the register of driver's licenses (verification of suspect's same records), criminal records, etc.;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on any violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that an order to provide community service and attend lectures was punished on or around 202 and around 2018 due to drinking alcohol due to the reasons for sentencing under Article 62-2 of the Criminal Act shall be considered disadvantageous circumstances; however, it shall be considered favorable circumstances, such as the time being dead and reflect, and the fact that a person again does not drive under the influence of alcohol.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.