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

[criminal power] On September 30, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 30, 2013, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on June 26, 2017.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around 00:19 on December 2, 2018, the Defendant driven BSP car while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.087% without obtaining a driver’s license through a vehicle driving license over the section of about 500 meters from the roads near the Geumdong Station in Sungnam-gu, Sungnam-si to the roads near the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the supervision of the driving under the supervision, the inquiry into the results of crackdown, and the circumstantial statement;

1. The ledger of driver's licenses, the chassis, and the disqualified;

1. Previous records of judgment: Criminal records, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes concerning investigation reports (verification of criminal records of the same kind);

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act is recently raised, it shall be punished for driving under the influence of alcohol.