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 January 6, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, etc. at the Sungnam Branch of Suwon District Court, and on February 19, 2010, a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act was issued by the Seoul Eastern District Court.

Around 09:40 on September 3, 2019, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a DNA knick with a blood alcohol concentration of about 0.194% at the section of approximately 1km from the front of Gangdong-gu Seoul to the front of the Gu, Gangdong-gu, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A registration statement on driving, a registration statement on the status of a driver, an investigation report on the status of a driver, and the register of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the records of drinking driving by a suspect;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing such as order of community service and order of lecture under Article 62-2 of the Criminal Act is to increase the possibility of traffic accidents, thereby causing a dangerous criminal that may not be able to do so to the life and home of another person as well as the other person's life, and the defendant committed the crime of this case even though he had the record of punishment due to drinking driving, etc., the defendant committed the crime of this case; the defendant's blood alcohol concentration was considerably high; the circumstance of the crime of this case; and the circumstances after the crime,