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

[criminal power] On October 16, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on the same day, and a fine of KRW 1,50,000 as a fine in the same court on March 6, 2018, respectively.

【Criminal Facts】

On October 20, 2019, at around 17:24, at a place where it is impossible to find out the location of Guro-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul”), the Defendant driven Croping car under the influence of alcohol with a blood alcohol concentration of 0.081% without obtaining a driver’s license in the section of about 30km from a place where it is impossible to obtain a driver’s license to the front day of Ansan-gu

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records: The application of inquiry statements, such as criminal records, and the Acts and subordinate statutes confirming the same criminal records;

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 imprisonment with prison labor chosen;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times the Defendant’s experience of drinking alcohol, but the blood alcohol level was not high. The blood alcohol level in the instant case is not very high, and the Defendant does not repeat again in the reflection. In addition, all circumstances, including the Defendant’s age, environment, economic situation, and the Defendant’s wife’s disease, etc., are determined by comprehensively taking account of all the circumstances.