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 1, 2018, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s Smuggling support.

【Criminal Facts】

On August 15, 2020, the Defendant, at around 17:00, driven an EM5 vehicle while under the influence of alcohol content of 0.121% without obtaining a driving license from around 2km section from the road in front of the dwelling area of Gyeongnam-gun B to the DM parking lot in the same military as the DM vehicle located in the same military.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition, report on the results of regulating drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Criminal records: Inquiry into materials about criminal records and investigation records of foreigners, preliminary review on disposition and report on the results of confirmation, and application of statutes governing judgment;

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

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 (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration, the same criminal records, etc.; however, it is not possible to find out the history of criminal punishment heavier than the suspension of the execution of imprisonment with prison labor, and the overall circumstances constituting the conditions for sentencing as shown in the records and arguments of the instant case are taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;