The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

1. On June 17, 2018, the Defendant is a person who has the record of receiving a summary order of a fine of five million won or more for a violation of the Road Traffic Act in the Daejeon District Court's red support on the same day, and two million won or more for the same crime from the same support on September 10, 2018.

On June 1, 2019, at around 00:10, the Defendant driven CMW car under the influence of alcohol content of approximately 0.107% from the 2km section from the front of the restaurant to the front of the village hall in which it is impossible to find out the trade name in the CMW Eup in Chungcheongnam-si, Chungcheongnam-si.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle under the influence of alcohol again.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the CMW car without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 (1) and 43 of the Road Traffic Act (the occupation of driving without a license) and the choice of imprisonment, respectively.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the need for the social harm and eradicating of drunk driving; (b) the degree of blood alcohol concentration; and (c) the Defendant was punished by a fine on two occasions in 2018, but he/she again drives under influence without a license within a short period: Provided, That the Defendant was not punished by a suspended sentence or heavier due to drunk driving; and (d) the Defendant’s age, family relationship, occupation, environment, etc. shall be determined by comprehensively considering