A defendant shall be punished by imprisonment for not more than ten months.

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 November 9, 2009, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court, and on July 19, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court.

On September 22:45, 2018, the Defendant started from the Kuwon Iron-gun B and driven a vehicle with approximately 6km section from approximately 0.053% alcohol concentration in blood to the front of C, without obtaining a driver’s license, while under the influence of alcohol leveling 0.053% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, repeatedly drives drinking, even though he was sentenced to a fine due to drinking driving, as stated in the facts constituting the crime in the judgment.

The possibility of recidivism can be further assessed in that the criminal defendant committed a second offense in about one year after having been issued a summary order.

Therefore, in order to prevent recidivism, it is necessary to punish the defendant strictly.

The driving of drinking in this case caused a traffic accident, and the crime of high risk is also a crime.

However, the defendant has no criminal record of probation or higher, the alcohol concentration during his/her blood at the time, and other defendant's person.