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 16, 2009, the Defendant received a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act, and on September 17, 2014, the same court issued a summary order of KRW 1.5 million as a fine for the same crime, and on May 29, 2017, issued a summary order of KRW 5 million as the same crime by the same court.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 1, 2019, at around 03:17, the Defendant driven Cho-do car without obtaining a driver’s license with a blood alcohol concentration of 0.151% while under the influence of alcohol on the front side of the Gu Government-si B at around 03:17.

Summary of Evidence

1. Defendant's legal statement;

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

1. License inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reference reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of 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 for discretionary mitigation;

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

1. While the Defendant had revoked his driver’s license, the Defendant driven a car with approximately 20 meters alcohol level of 0.151% under the influence of alcohol while under the influence of alcohol.

Even though the Defendant was punished as a crime of violating the Road Traffic Act around 2009, around 2014, and around 2017, the Defendant committed the instant crime, and there are many other criminal records.

The blood alcohol concentration of the accused, the distance of driving, the contents of the previous punishment power and the distance thereof, and the age, character and conduct, family relationship of the accused.