A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

【Criminal Records of Crimes】 On April 1, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court.

【Criminal facts】 On December 11, 2020, the Defendant driven a DNA car while under the influence of alcohol leveling 0.061% while under the influence of alcohol leveling 0.061% without obtaining a driver’s license in the five-meter section prior to the parking lot C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the suspect has violated the prohibition of drinking at least twice, and at the same time, has driven a motor vehicle without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking control and the ledger of driver's licenses;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same paper) and statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the degree of the reason for sentencing under Article 62-2 of the Criminal Act, the same electricity, the Defendant’s environment, etc.;