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 February 15, 2008, the defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on February 15, 2008.

On December 2, 2019, at around 21:50, the Defendant driven D SM5 car in the vicinity of B apartment Cdong, while under the influence of alcohol content of 0.194% without a driver's license.

As a result, the Defendant, while driving without a driver's license, violated the regulations on prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, on-site photographs, the results of the control of drinking driving, and the report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and summary orders;

1. Relevant provisions of Article 148-2 (1), 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 each sentence of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime despite the record of criminal punishment for the violation of the Road Traffic Act.

The risk of traffic accidents has been realized, such as blood alcohol concentration is high to 0.194% and apartment complex block is shocked.

However, the fact that the defendant recognizes the crime of this case and reflects the fact that the present state of health is not good, etc. shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.