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

On January 14, 2015, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Hongsung Branch of Daejeon District Court.

On June 27, 2020, at around 02:08, the Defendant driven the EM5 vehicle under the influence of alcohol of about 0.185% alcohol concentration without obtaining a driver's license from the front of the restaurant where it is impossible to know the trade name in the Hong-gun B, Chungcheongnam-gun.

Summary of Evidence

1. Previous records of a defendant's statutory statement, influence of drunk driving, and judgment on site photographs of his/her driver's license register: Application of criminal records, repeated statements, and summary order statutes;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the punishment, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of running sound driving);

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. To determine the punishment by comprehensively taking account of various factors of sentencing, including the following: taking lectures and the necessity of eradicating the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; degree of blood alcohol concentration; Defendant’s act of not repeating a crime; Defendant’s act of purchasing and driving a vehicle while the Defendant is unable to obtain a license; and other factors of sentencing including Defendant’s age, occupation, family, criminal record, and environment;