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 history] On November 10, 2017, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (dacting driving) at the Seog Branch of the Daegu District Court.

[Criminal facts]

1. On April 15, 2020, the Defendant driven DNEW EF rocketing car under the influence of alcohol concentration of approximately 0.267% from the section of around 600 meters from around 17:17, 202 to around C, Kimcheon-si, Kimcheon-si.

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

2. On April 15, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driven a DNEW EF rocketing car from a section of about 600 meters from the front of the Gyeongcheon-si, Kim Jong-si to the front of C, without obtaining a driver’s license, around 17:17, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, the 112 reported case processing table, each field photograph, the survey report on actual condition, a CCTV image photograph, and an investigation report (related to the distance from driving a suspect under influence of alcohol);

1. Report on the circumstances of a driver who is placed in driving and the register of driver's licenses which are inquired of the results of crackdown on drinking drivers;

1. Previous convictions in judgment: Inquiry of materials about foreign crimes and investigation experience experience, and application of Acts and subordinate statutes to a report on investigation (the confirmation of the past record of the same kind

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);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. In full view of the following factors: (a) protection and observation; (b) order to provide community service; and (c) order to attend a lecture; and (d) the Defendant’s records of the same crime for the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s age, sexual behavior, environment; (c) motive, means and consequence of the crime; and (d) the conditions of all the sentencing as shown in the pleadings